07/25/2026
Yes. There has been a major new development—the biggest one since this litigation began.
The First Circuit has ruled on the government’s stay request
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Trump administration’s motion to stayJudge Leo Sorokin’s June 8 decision while the appeal proceeds.
What the court said
The three-judge panel concluded that the government had not shown it was likely to succeed on appeal in arguing that the President had authority to impose the $100,000 H-1B fee. The court agreed that the administration had not identified a clear congressional authorization for imposing such a large monetary charge.
What this means
This is a significant victory for the challengers.
Because the First Circuit refused to stay the district court’s ruling:
✅ Judge Sorokin’s order striking down the $100,000 fee is now effective.
✅ USCIS should stop collecting the $100,000 fee while the appeal continues.
✅ Immigration law firms expect USCIS to issue updated filing guidance, although it may take a few days.
Can someone now file an H-1B petition without paying the $100,000 fee?
Yes, that is now the expected practical result.
The First Circuit’s refusal to grant a stay means the lower court’s order vacating the fee remains in effect during the appeal. Employers filing H-1B petitions that previously would have required the fee should watch for USCIS implementation guidance, but the court’s ruling removes the legal basis for collecting it unless a higher court intervenes.
What happens next?
The government still has several options:
Continue the appeal on the merits before the First Circuit.
Ask the U.S. Supreme Court to stay Judge Sorokin’s order while the appeal proceeds.
If the government ultimately loses in the First Circuit, ask the Supreme Court to review the case.
How does this affect the cases you’ve been following?
This is also an important development for:
Global Nurse Force v. Trump (Northern District of California)
Chamber of Commerce v. DHS (D.C. Circuit)
Although those courts are not legally bound by the First Circuit, this appellate ruling is persuasive authority supporting the argument that the $100,000 fee is an unauthorized tax rather than a lawful immigration condition. It strengthens the challengers’ position in those cases.
Bottom line
This is the strongest judicial setback so far for the $100,000 H-1B fee:
✅ The district court struck down the fee.
✅ The First Circuit refused to put that ruling on hold.
✅ Unless the Supreme Court grants emergency relief or USCIS receives contrary direction, the $100,000 fee should no longer be collected while the appeal is pending.
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NOTE FROM PROFESSIONAL HEALTHCARE RECRUITERS: Although this news is quite promising, we are NOT accepting new MT applicants at this time as we still have a lot of current recruits that we already prescreened and interviewed who have been waiting patiently since last September. We will contact all of these MT recruits if they are still available. Once we know who have dropped out or found other employment, we can determine how many opening slots we need to fill for MTs. WE WILL THEN ADVERTISE ANY OPENINGS ON THIS FACEBOOK PAGE. IF YOU ARE A MEDICAL TECHNOLOGIST, PLEASE DO NOT CONTACT US TO APPLY AT THIS TIME. SIMPLY WAIT UNTIL WE POST OUR JOB OPENINGS HERE.
WE ARE CURRENTLY ONLY RECRUITING RNs and Therapists at this time.
Cora Sanders, President
Professional Healthcare Recruiters, Corp.
