$100,000 Fee

Federal Court Blocks $100,000 H-1B Consular Processing Fee

Maggio Kattar

A federal court has struck down the Administration’s controversial $100,000 fee imposed on certain H-1B filings.  The ruling eliminates a significant financial burden that had affected many H-1B professionals who were required to obtain visa stamps through U.S. consulates outside the United States in order to activate their H-1B statuses.

$100,000 H-1B Fee: Background

As discussed in our prior alerts, Presidential Proclamation 11011 introduced a requirement that certain H-1B workers seeking visa issuance at U.S. consulates abroad pay a $100,000 fee before a visa could be issued.  Subsequent guidance from the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) clarified that the fee would apply in a broader range of circumstances than many employers initially expected.  The fee generated substantial concern among employers and foreign nationals because it created an extraordinary financial barrier to obtaining H-1B visa stamps abroad and returning to the United States.

What Did the Court Decide?

In a decision issued on June 8, 2026, a federal court concluded that the government lacked legal authority to impose the $100,000 fee.  The court determined that neither Congress nor existing immigration statutes authorized DHS or the Department of State to require payment of such a fee as a condition of visa issuance.  As a result, the court vacated the fee requirement.

What Does This Mean for Employers?

Employers with H-1B workers who travel internationally may no longer face the uncertainty created by the $100,000 fee requirement.  The decision may be particularly important for organizations with employees who:

  • Require visa stamping abroad;
  • Travel internationally for business purposes;
  • Were delaying travel because of potential fee exposure; or
  • Were evaluating whether an employee could safely depart and return to the United States.

Employers should continue to monitor developments, as the government may appeal the decision.

What Does This Mean for H-1B Workers?

H-1B workers who would have been subject to the fee may no longer be required to pay $100,000 as a condition of obtaining a visa abroad.  The decision may remove a substantial barrier for individuals who need visa issuance at a U.S. consulate before returning to the United States.  However, other visa eligibility requirements, security screening procedures, and consular processing requirements remain unchanged. 

Are There Any Remaining Questions?

At this stage, several implementation questions remain, including:

  • Whether the government will appeal the decision;
  • Whether any stay of the ruling will be requested;
  • How quickly federal agencies will update their policies and procedures; and
  • Whether any refund process will be established for individuals who may already have paid the fee.

We are closely monitoring developments and will provide updates as additional guidance becomes available.

Key Takeaway

The court’s decision removes what had become one of the most significant financial barriers facing certain H-1B workers seeking visa issuance abroad. Unless the ruling is stayed or overturned on appeal, employers and foreign nationals should no longer be subject to the $100,000 fee requirement that was imposed under the Administration’s H-1B policy.

Maggio Kattar will continue to monitor developments and provide updates as they become available.