ARTICLE · 29 JULY 2026

$100,000 H-1B Visa Fee Update

Adams and Reese LLP

A federal appeals court has denied the government's emergency motion to reinstate a controversial $100,000 H-1B visa fee, finding the executive branch likely exceeded its statutory authority. The ruling creates a circuit split that may force Supreme Court intervention as early as this week, leaving employers and visa applicants in legal limbo.

United StatesImmigration

Mary Kate Fernandez

Following our initial report on the U.S. District Court for the District of Massachusetts striking down the controversial $100,000 supplemental H-1B fee for consular processing, the legal landscape has rapidly evolved. While the original June 8 District Court ruling declared the executive branch proclamation an unlawful tax, the practical reality of that order was temporarily paused by an administrative stay. Taking advantage of that window, the federal government escalated the matter on June 18 and filed an emergency motion to stay the judgment in the First Circuit Court of Appeals, arguing that halting the collection of the fee immediately would cause irreparable harm to agency operations while the broader appeal is litigated.

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$100,000 H-1B Visa Fee Update

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