Chatham Advises Employers on H-1B Litigation in Bloomberg Law

07.08.2026

Stinson LLP Partner Elizabeth Chatham authored a Bloomberg Law article examining the legal uncertainty surrounding the $100,000 H-1B visa fee and the practical steps employers should take as litigation over the policy continues.

In the article, Chatham explains how a federal court's decision to vacate the fee, followed by a temporary stay pending appeal, has created significant uncertainty for employers that rely on international talent. She outlines the legal reasoning behind the district court's ruling, the government's appeal and the potential implications for employers as the case moves through the courts.

Chatham encourages employers to remain flexible while preparing for multiple possible outcomes. She recommends auditing H-1B pipelines, maintaining compliance documentation, preserving alternative visa strategies and closely monitoring ongoing litigation and agency guidance. She also notes that employers who previously paid the fee may ultimately be entitled to refunds if the district court's decision is upheld.

"The past year has taught employers that immigration policy can reverse course overnight," Chatham wrote. "Employers who maintain compliance infrastructure, preserve optionality across visa categories, and stay close to counsel will be positioned to move quickly regardless of which way the First Circuit rules."

Chatham assists companies and educational institutions in navigating U.S. immigration law and compliance. She provides tailored corporate immigration and compliance programs and works with clients to obtain temporary and permanent immigration options. Chatham also advises clients on individual consular processing and naturalization.

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