Author: Eli Greenspan, Policy Advisor for AAPPR through Foley Hoag, LLP

Last Updated: July 27, 2026

What is the latest H-1B Update?

On July 24, the U.S. Court of Appeals for the First Circuit denied the Trump Administration’s request to stay a lower court order that vacated the $100,000 H-1B fee, clearing the way for that ruling to take effect. What this means in practice is that the $100,000 payment is no longer required on covered H-1B filings for the time being, even as the broader legal fight continues.

Here is a quick look at how we got here:

• September 2025: The $100,000 supplemental fee takes effect for new H-1B petitions for workers currently outside the country under a presidential proclamation.
• December 2025: A federal judge in Washington, D.C. upholds the fee in Chamber of Commerce v. DHS, ruling the president had broad authority to impose it. The Chamber appeals to the D.C. Circuit, where the case remains pending.
• June 8, 2026: U.S. District Judge Leo Sorokin in Boston strikes the fee down, concluding that the payment amounted to a tax that only Congress had the power to levy.
• June 12, 2026: Judge Sorokin agrees to temporarily pause his own ruling while the First Circuit considers the government’s emergency stay request.
• July 24, 2026: The First Circuit denies the stay, finding the government failed to make a strong showing it is likely to succeed on appeal.

The bottom line from the appeals court is that it is Congress’s job, not the president’s, to impose new fees on immigrant visas.

What This Means Now

In September 2025, a presidential proclamation imposed a $100,000 payment requirement on new H-1B visa petitions filed on or after September 21, 2025. The fee was a one-time charge at filing for those not currently in country, with potential for exceptions if deemed in the national interest, which the Administration never exercised. It did not apply to renewals, previously filed petitions, or current H-1B holders. You can read previous updates on the H-1B policy here.

What’s at Stake for Health Care

This is a significant development for health care employers, physician and provider recruitment teams, and international medical graduates. The $100,000 fee had created a major cost barrier for H-1B sponsorship, and its removal eases a critical pressure point for organizations working to fill physician, IMG, and specialty provider gaps.

We expect USCIS to adjust its filing instructions to reflect the decision in the coming weeks. In the meantime, organizations with H-1B petitions in the pipeline should connect with their immigration attorneys to understand how the ruling affects their specific filings.

That said, we are not out of the woods yet. The government is still pressing its appeal in the First Circuit, and related lawsuits remain active in both the Northern District of California and the D.C. Circuit. This case reaching the Supreme Court is possible. But the trajectory is encouraging as the fee has been struck down, the emergency stay has been refused, and the appeals court has indicated that the legal arguments supporting the fee face an uphill battle.

Next Steps

AAPPR will continue to closely monitor this case and support efforts, including H.R. 7961, the H-1Bs for Physicians and the Healthcare Workforce Act, to permanently exempt health care professionals from the $100,000 H-1B fee so health care employers can recruit the physicians, IMGs, and other providers their communities need.