$100,000 H-1B Consular Processing Fee Vacated

A recent federal court decision has eliminated the $100,000 fee that was scheduled to apply to certain H-1B petitions requiring consular processing. As a result, employers are not currently required to pay the fee, and the government is prohibited from collecting it while the court's order remains in effect.

On June 8, 2026, a federal district court ruled that the fee was unlawful and vacated the rule nationwide. More recently, on July 24, 2026, the U.S. Court of Appeals for the First Circuit declined the government's request to reinstate the fee while the appeal is pending, meaning the fee remains unenforceable.

Although the government's appeal is still pending, the appellate court's decision to leave the district court's ruling in place suggests that the fee is unlikely to return in the near future. We will continue to monitor developments and provide updates as they become available. If you have any questions about how this decision may affect your H-1B workforce or future filings, please contact our office.