Cases · The $100,000 H-1B payment
State of California v. Mullin
Latest development
First Circuit denied stay of $100,000 H-1B fee vacatur
As of July 24, 2026, the First Circuit has denied the government's motion to stay the District of Massachusetts order and judgment vacating the $100,000 H-1B fee policy while the appeal proceeds.
- Status as of
- July 24, 2026
- Source
- Latest order (PDF)
- Docket reviewed through
- July 24, 2026
About the case
State of California v. Mullin is nationally significant because it tests whether the executive branch may impose a six-figure payment requirement on employers filing H-1B petitions for workers who need consular notification or similar processing. Twenty states challenged the policy as an unlawful tax and as agency action beyond statutory authority. On June 8, 2026, the District of Massachusetts granted summary judgment to the plaintiff states and vacated the policy; on July 24, 2026, the First Circuit denied the government's motion to stay that vacatur pending appeal.
Relief
The plaintiff states seek APA and constitutional relief against federal implementation of the $100,000 H-1B petition fee, including vacatur of the policy materials implementing the presidential proclamation.
What's next
The next major milestones are merits briefing in the First Circuit and any request for Supreme Court emergency relief.
New on the docket, not yet reviewed
Nothing new since the last review.
Reviewed events
First Circuit denied stay of H-1B fee vacatur
State of California v. Mullin · D. Mass. · Source
Defendants moved to stay the vacatur pending appeal
State of California v. Mullin · D. Mass. · Source
Defendants appealed to the First Circuit
State of California v. Mullin · D. Mass. · Source
District court vacated H-1B fee policy
State of California v. Mullin · D. Mass. · Source
States challenged $100,000 H-1B petition fee
State of California v. Mullin · D. Mass. · Source
In the news
- WR Immigration update on First Circuit stay postureWR Immigration · Jun 15, 2026
- Fragomen alert on temporary stay and First Circuit appealFragomen · Jun 12, 2026