USCIS $100,000 H-1B Fee Reinstated by Federal Court Pending 2026 Appeal

In a rapidly evolving legal battle, a federal district court in Massachusetts temporarily reversed its own June 8, 2026 ruling that had struck down the $100,000 H-1B consular processing fee. The reversal came just four days later, on June 12, 2026, after the government filed an appeal with the U.S. Court of Appeals for the First Circuit in the case State of California, et al. v. Mullin, et al., No. 26-1699. The $100,000 fee originated from a presidential proclamation issued September 19, 2025, targeting H-1B petitions that require consular processing abroad. The district court initially found the fee violated the Administrative Procedure Act (APA), concluding the executive branch had exceeded its statutory authority by imposing what critics characterized as an unauthorized tax on foreign workers. With the temporary reinstatement in place, USCIS currently retains full authority to collect the fee on qualifying H-1B consular notification petitions. However, the government must formally request a stay from the First Circuit by June 18, 2026, for this temporary authority to remain in force. Depending on whether the appellate court grants or denies that stay, the fee could again be suspended at short notice. Employers sponsoring H-1B workers — particularly those in technology, healthcare, and higher education — face significant budget exposure under this policy. Organizations whose employees require visa stamping at U.S. consulates abroad are most directly affected, as international travel plans may hinge on the outcome of this litigation. The legal status of this fee remains highly fluid and could ultimately reach the U.S. Supreme Court. Employers are strongly advised to monitor First Circuit developments closely, review upcoming H-1B filing strategies, and maintain financial contingency plans until a final ruling is issued.