Thursday, October 29
Courts & lawTechupdated today

Does the First Circuit uphold the ruling striking down the $100,000 H-1B fee?

Will the U.S. Court of Appeals for the First Circuit affirm the Massachusetts district court's June 2026 ruling vacating the Trump administration's $100,000 H-1B visa fee proclamation, rather than reversing it and reinstating the fee?

62% yes — The $100K fee stays blocked

Litigation odds favor upholding the vacatur, given the First Circuit has already twice declined to let the fee take effect pending appeal

Immigration and trade bar commentary (Littler, BT Law, Vialto) reads the First Circuit's refusal to stay the district court's order as a signal the panel sees the government's appeal as weak on the merits, since appellate courts routinely grant stays when they think an appeal is likely to succeed. But that is a prediction, not a ruling: the stay denial addressed only irreparable harm while the appeal is pending, not the underlying legality of using a presidential proclamation to impose an H-1B fee, and the administration has signaled it will keep pressing the case, including potentially to the Supreme Court if it loses at the First Circuit.

No fixed date · No oral-argument or decision date has been set; the First Circuit denied the government's stay motion on July 24, 2026 and the merits appeal remains pending

A federal district court in Massachusetts vacated the Trump administration's $100,000 H-1B fee proclamation nationwide on June 8, 2026, and the First Circuit denied the government's request to stay that ruling on July 24, 2026 — meaning the fee has remained blocked and unenforced since. USCIS confirmed on July 28 it would not collect the fee while the appeal proceeds. The government's appeal on the merits is still pending at the First Circuit, with no oral-argument date yet public. A separate U.S. Chamber of Commerce suit challenging the fee was rejected by a different federal judge but is itself on appeal, adding a second parallel track to the litigation. Commentators expect further escalation regardless of outcome, including a possible petition for Supreme Court review.

The First Circuit's merits ruling on the government's appeal has exactly two outcomes: affirm the vacatur (the fee stays struck down) or reverse it (the fee is reinstated).

Researched Oct 29, 2026 · tracked since Oct 29, 2026

What do you think?

Take a side

The $100K fee stays blockedthis is “yes”

The First Circuit already twice refused to let the fee take effect while the appeal is pending, suggesting the panel views the government's legal theory — that a proclamation alone can impose a $100,000-per-petition fee Congress never authorized — as weak; USCIS itself stopped collecting it in July.

Long
INFY Infosys LimitedAmong the largest sponsors of H-1B visas; keeping the fee blocked preserves its lower-cost US staffing model.
Long
WIT Wipro LimitedAnother top H-1B-dependent IT outsourcer; benefits the same way as Infosys if the fee stays blocked.
Long
EPAM EPAM Systems, Inc.A US-listed IT services firm with a significant H-1B-sponsored technical workforce; a reinstated fee would directly raise its US staffing costs.
Short
ASGN ASGN IncorporatedA US-focused domestic IT staffing firm; a reinstated $100,000 fee raises the cost of H-1B competitors' labor, pushing more demand toward domestic staffing providers like ASGN.
Short
RHI Robert Half Inc.A major US domestic staffing firm with far less H-1B reliance than offshore IT outsourcers; benefits at the margin from reduced foreign-labor competition if the fee is reinstated.
Short
KFRC Kforce Inc.A domestic IT and finance staffing firm; benefits similarly to ASGN and Robert Half from reduced H-1B-based competition if the fee is reinstated.

Worth knowing: A stay denial is not a merits ruling — it only means the harm of leaving the fee blocked a few more months was judged smaller than reinstating it prematurely; the panel could still rule for the government once it reaches the actual legal question.

The First Circuit reinstates the fee

The administration has shown it will keep pressing this fight regardless of early setbacks, and a reversal would restore a powerful tool for steering employers toward domestic hiring, which is the policy's stated goal.

Short
INFY Infosys LimitedAmong the largest sponsors of H-1B visas; keeping the fee blocked preserves its lower-cost US staffing model.
Short
WIT Wipro LimitedAnother top H-1B-dependent IT outsourcer; benefits the same way as Infosys if the fee stays blocked.
Short
EPAM EPAM Systems, Inc.A US-listed IT services firm with a significant H-1B-sponsored technical workforce; a reinstated fee would directly raise its US staffing costs.
Long
ASGN ASGN IncorporatedA US-focused domestic IT staffing firm; a reinstated $100,000 fee raises the cost of H-1B competitors' labor, pushing more demand toward domestic staffing providers like ASGN.
Long
RHI Robert Half Inc.A major US domestic staffing firm with far less H-1B reliance than offshore IT outsourcers; benefits at the margin from reduced foreign-labor competition if the fee is reinstated.
Long
KFRC Kforce Inc.A domestic IT and finance staffing firm; benefits similarly to ASGN and Robert Half from reduced H-1B-based competition if the fee is reinstated.

Worth knowing: Even a government win at the First Circuit could be appealed further by H-1B employers to the Supreme Court, so 'no' here may just restart the stay fight at a higher court rather than settling the fee's fate.

5 sources, leaning both ways