USCIS $100,000 Fee Still in Effect: Court Appeal Keeps Requirement Active July 2026

USCIS continues to collect the $100,000 fee on covered consular-notification petitions, even after a U.S. District Court for the District of Massachusetts ruled on June 8, 2026 that the fee constituted an unauthorized tax and struck it down. The federal government moved quickly to preserve the fee, filing a timely appeal and an emergency motion for a stay with the U.S. Court of Appeals for the First Circuit on June 18, 2026. This filing effectively pauses the district court's ruling while the appellate court evaluates whether to extend the stay during the full appeal process. The case is captioned State of California v. Mullin, No. 26-1699. As of July 16, 2026, the First Circuit has not yet issued a ruling on the stay request. This legal uncertainty means the $100,000 fee remains technically in effect and enforceable for the time being. For employers sponsoring foreign workers through consular-notification petitions, immigration attorneys are advising that they should continue to budget for and submit the $100,000 fee with covered petitions unless and until a court explicitly orders otherwise. Failing to include the fee while it remains collectible could jeopardize petition filings. Employers and immigration practitioners should monitor developments in the First Circuit closely, as a ruling on the stay could significantly alter compliance obligations on short notice.