Is USCIS still requesting the $100,000 fee despite the recent court decision?

Answer

Yes. USCIS is still requesting the $100,000 fee for covered petitions, and the fee remains in effect and collectible for now. Although the U.S. District Court for the District of Massachusetts struck down the fee on June 8, finding it to be an unauthorized tax, the government appealed that decision and timely filed an emergency motion for a stay with the U.S. Court of Appeals for the First Circuit on June 18. That filing keeps the district court’s ruling paused while the First Circuit decides whether to extend the stay during the appeal (State of California v. Mullin, No. 26-1699). As of now, the First Circuit has not issued a ruling. Accordingly, employers should continue to assume that the $100,000 fee applies to covered (consular-notification) petitions unless a court orders otherwise. (16.Jul.2026)

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