The Trump administration’s attempt to impose a $100,000 fee on new H-1B visas faces significant legal hurdles following rulings from two federal judges [14] [16] [18]. The policy, originally introduced in September 2025 and recently extended, was designed to curb alleged program abuses [11] [15].
Legal Setbacks
In September 2026, U.S. District Judge Haywood Gilliam blocked the fee, ruling that federal agencies failed to follow mandatory notice-and-comment rulemaking procedures [19] [20]. This follows a June ruling by U.S. District Judge Leo T. Sorokin, who similarly struck down the fee as unlawful [14].
Business and Economic Impact
The fee hike, which replaced typical costs of $2,000–$5,000, sparked intense backlash from the U.S. Chamber of Commerce and various industry groups [15] [3] [7]. Plaintiffs argue the mandate harms hospitals, universities, and businesses by restricting access to high-skilled labor, creating operational "chaos" [19] [14] [1]. While the administration defends the fee as necessary to prevent displacement of U.S. workers, critics maintain the administrative process was bypassed, fueling ongoing litigation [1] [16] [7].
Sources
- Federal Judge Blocks $100,000 Fee for H-1B Visas | The Epoch Times
- Federal Judge Blocks $100,000 Fee for H-1B Visas – 🔔 The Liberty …
- Trump Enacts New Immigration Policies Against H-1B Visa Holders …
- Judge Strikes Down Latest Version Of $100,000 H-1B Immigration Fee
- Trump extends $100,000 H-1B visa fee order – Daily Times
- Trump Enacts New Immigration Policies Against H-1B Visa Holders
- Second judge blocks Trump’s $100,000 fee for H-1B visas | The …
- Trump’s $100,000 H-1B visa fee blocked by US federal judge – …
- Second judge blocks Trump's $100,000 fee for new H-1B worker visas …
- $100,000 H-1B fee blocked: Second federal judge challenges Trump …