Court vacates the $100,000 H-1B fee — but a stay keeps it in effect pending appeal
On June 8, 2026, a federal judge in Massachusetts vacated the $100,000 fee on certain new H-1B petitions as unlawful. Days later the court stayed its own ruling, and the government appealed to the First Circuit. As of early July 2026 the fee still applies to initial H-1B petitions that require consular processing — the outcome now turns on the appeal.
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On June 8, 2026, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts vacated the $100,000 fee that had been imposed on certain new H-1B petitions, holding that it exceeded executive authority and violated the Administrative Procedure Act and separation-of-powers principles — reasoning that Congress, not the Executive Branch, sets fees of this magnitude.
The relief was short-lived. Within days the court stayed its own decision, and the government moved the U.S. Court of Appeals for the First Circuit for a stay pending appeal (filed June 18, 2026). The effect: USCIS is once again permitted to collect the fee while the appeal proceeds.
As of early July 2026, the $100,000 fee still applies to petitions for initial H-1B status that require consular processing — i.e., where the worker must obtain the visa at a U.S. consulate abroad before entering. The fee does not apply to extensions or changes of status for workers already in the United States. This status is unsettled and could change again depending on the First Circuit's ruling.
Why it matters here
The fee is a five-figure line item that can decide whether an H-1B petition is filed at all. CasePredictor's I-129 form page tracks processing-time medians and RFE-rate context; the cost side now carries a caveat that the $100,000 consular-processing fee is in effect but under active appeal, so filers and sponsors should confirm the current requirement on the day they file.
Sources & further reading
Official government sources are marked. We do not republish full articles - follow these links for the complete announcement and primary text.
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