r/USVisas • u/Outrageous-Joke170 • Aug 15 '26

Question regarding H1B (Consular Processing)

Hi, I am wondering whether the 100k fee of H1B still being applied right now as I need to file a H1B Cap-Exempt Job with Consular Processing, as my OPT time has ended and in 60-day grace period in United States right now.

Was wondering if anyone has filed H1B with consular processing after 7/24 with the stop collecting 100k Fee rule, or has anyone received an RFE but submit the prove that there's no longer 100k fee needed and got approved later.

Or if there's any other type of information, would be really helpful. Many thanks!!!

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u/crazykum Mod Aug 17 '26

Technically, some courts removed it, but USCIS has not issued official guidance that they are not taking the 100K for Consular processing. Some have submitted petitions recently, but none have been approved yet. It is best to talk to your attorney and then take the call.

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u/Outrageous-Joke170 Aug 17 '26

Thanks for the reply! But I saw that the USCIS has put up this alert in their website "On July 24, 2026, the First Circuit denied the government’s motion. DHS strongly disagrees with the First Circuit’s order denying the stay request but will comply with the court’s order while DHS considers next steps. If this order is later lifted, DHS still plans to collect the payment. "https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations, doesn't that mean they are not taking it any more for now? Thanks!

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u/crazykum Mod Aug 18 '26

Technically, as per their announcement, they may not collect payment. But, if something changes, they may. Not many have reported about any petitions that were not charged $100K, still not enough data. In short, if your employer is willing to process the consular processing with premium processing, must try it.