This update follows our June 16, 2026 Foster LLP alert Update – $100,000 H-1B Visa Fee Temporarily Reinstated Pending Appeal. 

The litigation over the $100,000 payment requirement for certain H-1B petitions continues to evolve. On July 24, 2026, the First Circuit denied the U.S. Department of Homeland Security’s (DHS) request to stay a June 8, 2026, District of Massachusetts order that vacated agency guidance implementing the payment requirement. As a result, DHS has confirmed that it is currently complying with the court’s order and is not collecting the $100,000 payment. 

DHS has stated that it strongly disagrees with the rulings and is considering further legal action. The agency also noted that if the court order is later lifted, it still intends to collect the payment requirement. Employers should continue to monitor developments, as the requirement could be reinstated while the appeal remains pending. 

Foster LLP will also continue to track and provide updates about any developments via Immigration Updates©, articles, and blogs on our website at www.fosterglobal.com.