A federal court struck down the $100,000 H-1B fee on June 8. Four days later, it brought the fee back. Here's what that means for your active filings — and what you need to do before June 18.
Key Takeaways
- The $100,000 H-1B fee is currently back in effect as of June 12, 2026, following a temporary administrative stay.
- The fee applies only to petitions requiring consular processing — changes of status, extensions, and amendments are still not affected.
- The government has until June 18 to file a formal stay request with the First Circuit Court of Appeals. That ruling will determine whether the fee stays in place for months.
- Not sure how this affects your filings? Ellis can help you navigate what's next →
Is the H-1B 100K Fee Back? Current Status as of June 2026
Yes. As of June 15, 2026, USCIS is permitted to collect the fee for any H-1B petition filed for through consular notification. That means workers currently outside the U.S. who need a visa stamp before they can enter.
The fee does not apply to:
- H-1B changes of status (COS) — worker is already in the U.S.
- H-1B extensions of status (EOS)
- Amendments without a consular notification request
- Workers who file a COS petition and later travel abroad for a visa stamp (the fee does not retroactively apply)
The Timeline of the $100,000 H-1B Fee
September 19, 2025 — The $100K Fee Is Introduced President Trump signs a presidential proclamation requiring a $100,000 fee on new H-1B petitions involving consular processing. The fee applies to petitions filed after September 21, 2025.
June 8, 2026 — Federal Court Strikes It Down In State of California v. Mullin, Judge Leo T. Sorokin rules the fee unlawful. His finding: the $100,000 charge is effectively a tax, and only Congress has the authority to impose one. A presidential proclamation isn't enough. The court also finds the policy violated the Administrative Procedure Act (APA). USCIS is barred from collecting the fee.
June 12, 2026 — The Same Court Reverses Itself The district court grants the federal government's emergency motion for a brief administrative stay, pausing its own June 8 order. The fee is back in play while the government prepares its appeal.
June 18, 2026 — The New Deadline The stay holds only if the government files a formal stay request with the U.S. Court of Appeals for the First Circuit by this date. If they miss it, the June 8 vacate order takes effect again automatically.
What Does This Mean for Your Petitions Today?
- Consular processing vs. in-country status. The fee targets petitions requiring consular processing or port-of-entry processing. Changes of status, extensions, and amendments are generally exempt, unless they fail and revert to consular notification.
- The June 18 cliff. If the government misses the First Circuit deadline, the fee is struck down again nationwide. If the court grants the stay, the fee could remain in place for the duration of a lengthy appeal, potentially months.
- Zero-notice risk. USCIS has changed implementation rules on this policy multiple times without warning. Do not submit payments or file petitions without current counsel confirmation.
- Where the case stands. The appeal is now moving to the First Circuit under State of California, et al. v. Mullin, et al. (Docket No. 26-01699). The appellate court's next decision sets the rules for the rest of the process.
What Employers Should Do Before June 18
- Audit your H-1B pipeline. Flag every pending petition that involves consular processing-- those are the only cases subject to the fee right now.
- Don't assume the fee is gone. The June 8 ruling is paused. Filing a consular notification petition without the fee could be a risk.
- Document every payment. If the fee is ultimately struck down, clear records will matter when refunds become available.
- Check in on June 18. This is when we'll have more clarity on whether the fee will be upheld.
Stay Strategic While the Courts Catch Up
The $100,000 H-1B fee situation is moving fast. Ellis tracks every USCIS policy update and court ruling so your team doesn't have to monitor legal filings to know when to act. Whether you're managing a handful of sponsorships or a large global workforce, we'll help you stay compliant and ahead of the next development.
Speak with an Ellis immigration advisor today.
This content is for informational purposes only and does not constitute legal advice.
