US Federal Court Strikes Down $100,000 H-1B Visa Entry Fee Proclamation

In a significant legal development on 1 October 2026, a US federal judge struck down the latest attempt to impose a $100,000 entry fee on new H-1B visa holders. This fee, which was introduced via an executive proclamation in September 2026, had faced immediate legal challenges from industry groups and immigration advocates who argued that the executive branch lacked the statutory authority to impose such a massive financial barrier on legal immigration.

The court's decision effectively invalidates the proclamation, providing relief to both US employers who rely on high-skilled foreign talent and the prospective employees who were effectively priced out of the US market. This ruling is the latest in a series of judicial interventions regarding US immigration policy, highlighting the ongoing tension between executive-led immigration restrictions and the judiciary's interpretation of existing immigration law.

This ruling directly impacts prospective H-1B visa applicants, US companies currently sponsoring H-1B workers, and international professionals who had paused their relocation plans due to the prohibitive cost of the proposed fee.

Makutet analysis suggests that while this specific fee has been struck down, the political climate in the US remains highly volatile regarding high-skilled immigration. We anticipate that the administration may attempt to introduce alternative regulatory hurdles or fee structures, meaning that the current legal victory for applicants may be temporary rather than a permanent resolution to the issue of H-1B costs.