The U.S. Court of Appeals for the First Circuit has denied the federal government’s request to stay a district court order blocking the administration’s H-1B measures, including the proposed $100,000 filing fee.

The litigation is ongoing, but the ruling means the lower court’s decision remains in effect, providing temporary relief for employers sponsoring H-1B workers.

What Did the Court Decide?

The First Circuit declined the government’s request to pause the district court’s injunction while the appeal proceeds. As a result, the lower court’s ruling invalidating the $100,000 H-1B filing fee remains in force, and the challenged H-1B entry restrictions associated with the rule are not currently enforceable.

Current Implications for Employers

At present:

• United States Citizenship and Immigration Services (USCIS) cannot collect the proposed $100,000 H-1B filing fee. Instead, employers generally remain subject to the existing H-1B filing fee structure, which typically includes approximately $3,380 in mandatory government filing fees for most employers, depending on employer size and other applicable fees.

• Employers filing H-1B petitions are not subject to the challenged entry restrictions.

• The district court’s order remains in effect unless overturned by a higher court.

This provides temporary certainty for employers that delayed or reconsidered H-1B hiring due to the proposed fee increase.

Is This the Final Word?

No. The administration may seek emergency review from the U.S. Supreme Court. In addition, the underlying district court litigation remains ongoing and could result in further developments, including a different ruling from the district court or a reversal on appeal. If the Supreme Court grants relief or a higher court ultimately rules in the government’s favor, the legal landscape could change.

What to Expect Next

USCIS may issue updated guidance and filing instructions reflecting the First Circuit’s decision. Employers and practitioners may wish to monitor announcements regarding filing procedures and agency implementation in the coming days.

Until further guidance is issued, employers should continue preparing and filing H-1B petitions under the current fee structure, while remaining aware that additional litigation could affect the process.