USCIS Update June 2026: Court Reinstates $100,000 H-1B Consular Fee Pending Appeal

A federal district court in Massachusetts issued a temporary stay on June 12, 2026, pausing its own June 8, 2026 ruling that had struck down USCIS's implementation of the $100,000 H-1B consular notification fee. The fee was originally established under President Trump's September 19 presidential proclamation. With the stay in place, USCIS is currently authorized to continue collecting the fee for qualifying H-1B petitions involving consular notification. The government appealed the June 8 district court ruling to the U.S. Court of Appeals for the First Circuit and simultaneously sought emergency relief to avoid disruption during the appeal. The district court agreed to pause its vacatur order to give the First Circuit time to consider the government's stay request, which must be filed by June 18, 2026. The case is captioned State of California, et al. v. Mullin, et al., No. 26-1699 (1st Cir. June 12, 2026). For employers with pending or planned H-1B filings subject to consular notification, the practical impact is significant: the $100,000 fee requirement remains enforceable for now. Whether USCIS can continue collecting the fee beyond June 18 depends entirely on the First Circuit's forthcoming stay decision. If the stay is granted, the fee remains in effect during the full appeal; if denied, the original vacatur order may take effect and block collection during litigation. The broader legal landscape remains unsettled. A separate challenge by the U.S. Chamber of Commerce and business groups resulted in a favorable outcome for the government, meaning conflicting federal court outcomes are a real possibility. Legal experts and immigration practitioners are flagging Supreme Court review as a potential endpoint if circuit courts diverge. Employers are advised to review H-1B filing timelines, assess alternative filing pathways where available, and budget for the possibility that the fee will remain enforceable. While this ruling is specific to H-1B nonimmigrant petitions, professionals on H-1B status while awaiting EB-3 green card processing should be aware of how this litigation could affect their employer's filing strategy and overall immigration costs.