H1B Update: $100,000 Fee Vacated, Consular Stamping Faces New Social Media Scrutiny

June 2026 brings significant developments for H1B visa holders and applicants, marked by both a major legal victory and emerging challenges in consular processing. A federal court has struck down the controversial $100,000 supplemental fee for new H1B petitions, deeming it an unauthorized tax. Simultaneously, H1B visa stamping processes are under heightened scrutiny, with recent reports highlighting delays and 221(g) refusals linked to consular officers examining applicants' social media presence.

Federal Court Invalidates $100,000 H1B Supplemental Fee

In a pivotal ruling, a federal district court in Massachusetts has invalidated the $100,000 fee previously imposed on certain new H1B petitions. This fee, stemming from a proclamation made in September 2025, was declared unlawful by the court. The ruling stated that the administration had exceeded its authority by imposing what was essentially a tax without explicit congressional approval (Source 1, Source 2, Source 5). The court's decision vacates the policy entirely, offering potential financial relief for employers and applicants.

Despite this favorable outcome for H1B stakeholders, the federal government has indicated its intention to appeal the decision (Source 1, Source 2). This means the legal battle over the fee may continue, introducing an element of uncertainty regarding its long-term status. The initial imposition of the fee had drawn widespread criticism for its significant financial burden on businesses and its potential to restrict access to skilled foreign workers.

Heightened Social Media Scrutiny Impacts H1B Stamping

While the fee decision offers a glimmer of hope, H1B visa applicants are now navigating increased scrutiny during consular interviews, particularly concerning their social media activity. A recent viral Reddit post detailed an H1B visa applicant's experience of significant delays and a 221(g) refusal notice after a consular officer inquired about their public social media accounts (Source 3, Source 4). The applicant received a notice stating 'Social media – Open to Public – no deletions,' indicating that their online presence was a factor in the delay.

This incident underscores a growing trend of consular officers examining applicants' digital footprints. Since 2019, most US visa applicants have been required to disclose social media identifiers used in the past five years on their DS-160 application (Source 4). The current situation suggests that this disclosure is now being actively used to assess an applicant's eligibility and character, potentially leading to prolonged administrative processing or even visa denials. Applicants are advised to review their public social media profiles for any content that could be misinterpreted or raise concerns during the visa interview process.

Implications for H1B Applicants and Employers

The vacating of the $100,000 fee, even with an impending appeal, provides a temporary reprieve for companies and individuals planning H1B petitions. However, the intensified focus on social media during consular processing introduces a new layer of complexity and risk for applicants. It highlights the need for meticulous preparation not only for the interview itself but also for managing one's public digital identity.

H1B Signal will continue to monitor the federal government's appeal regarding the fee and track further developments in consular processing policies. These changes emphasize the dynamic nature of H1B visa regulations and the importance of staying informed.