On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied a motion to continue a stay in State of California v. Mullin. In that case, plaintiffs (a group of 20 states[1]) challenged a proclamation by President Trump requiring that $100,000 be paid with each H-1B petition. The plaintiffs argued that the actions taken by several federal agencies to implement the proclamation were illegal and unconstitutional. They also claimed that the policy would harm their states and lead to staffing shortages in public universities, K-12 schools, and healthcare systems.
A district court previously vacated the policy as unlikely to succeed on the merits but granted a temporary administrative stay. The First Circuit agreed with the lower court and noted that the plaintiff states were likely to be substantially injured by the stay. The First Circuit’s order means that the $100,000 H-1B application fee remains vacated pending a decision on the merits in the underlying appeal.
It is widely expected that the Trump administration will petition the Supreme Court if it loses on the merits in the First Circuit. A final First Circuit decision is not expected until some time in 2027.
[1] The plaintiff states are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
