Yes. The fee remains in effect. Here's the current litigation status and what would change it.
The $100,000 H-1B consular fee proclamation remains fully in effect as of April 8, 2026. A federal district court upheld the fee in December 2025, rejecting a preliminary injunction request from the US Chamber of Commerce. The litigation continues but no injunction has been issued.
| Status | Detail | Date |
|---|---|---|
| Proclamation Signed | Active | September 19, 2025 |
| Initial Lawsuit Filed | Chamber of Commerce | October 2025 |
| District Court Ruling | Upheld fee | December 15, 2025 |
| Ninth Circuit Appeal | Oral arguments | July 2026 |
| Current Status | Fully enforced | April 7, 2026 |
Information Gain: The December 2025 district court decision ruled the proclamation was within presidential authority under INA 212(f). The court accepted the administration's argument that the fee is a regulatory measure, not a tax requiring congressional approval. Even if the Ninth Circuit reverses, the administration would likely refile under a different statutory basis.
Pro Tip: Do not plan around an expected injunction. Most immigration attorneys assume the fee will remain through at least the end of FY2027. Plan as if the fee is permanent.
Three scenarios could end the $100K fee before the appeal decision. First, a Ninth Circuit preliminary injunction pending full ruling — unlikely. Second, presidential rescission — unlikely. Third, congressional appropriations action — the House has shown no interest.
The fee applies only to consular processing cases. Change of status petitions remain exempt. For F-1 students currently in the US, filing as COS costs $0 in proclamation fees.
For current H-1B holders abroad, returning to the US on a valid stamp before filing a transfer avoids the fee entirely.
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Search H-1B Sponsors on Wisa →Yes. The proclamation is fully active and enforced. A federal district court upheld the fee on December 15, 2025. No injunction has been issued. All consular processing H-1B petitions must include the $100,000 fee to be accepted by USCIS as of April 2026.
The Chamber's initial injunction request was denied in December 2025. Their appeal is now pending at the Ninth Circuit Court of Appeals with oral arguments scheduled for July 2026. A decision is expected in October 2026 — too late to affect FY2027 filings regardless of outcome.
Three scenarios: a Ninth Circuit preliminary injunction (unlikely), the President rescinding the proclamation (unlikely), or congressional appropriations action (House shows no interest). Most attorneys assume the fee remains through FY2027.
No. The fee applies only to consular processing cases — those where the beneficiary will receive the visa stamp at a US consulate abroad. Change of status petitions for beneficiaries physically present in the US, including F-1 OPT students, are fully exempt.