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The United States Court of Appeals for the First Circuit issued an order in State of California v. Mullin denying USCIS’s motion for a stay. This means that the $100,000 H-1B fee is currently not in effect. USCIS acknowledged the order on July 28, 2026, agreeing to comply with the order. However, it is expected that USCIS will take other measures to attempt to collect the fee. It is unclear what exactly they plan to do.
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