Visa PolicyEntry PF-397133 · Page 14 · Stamped SEP 29, 2026
Court Strikes Down $100,000 Fee on New H-1B Visas
A federal judge has voided the Trump administration's $100,000 fee on new H-1B visa petitions, removing a major cost barrier for employers sponsoring skilled foreign workers.
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- A federal judge voided the $100,000 fee on new H-1B visa petitions introduced under the Trump administration.
- The fee applied to employers filing new H-1B petitions for high-skilled foreign workers.
- The ruling removes one of the costliest financial barriers imposed on the H-1B programme.
A federal judge has voided the $100,000 fee that the Trump administration imposed on employers filing for new H-1B visas, CBS News reports. The decision removes one of the most expensive financial barriers the administration had placed on the high-skilled visa programme.
The fee applied to new H-1B petitions. A $100,000 charge per petition ranks among the steepest fees ever attached to any United States employment-based visa category, and its cancellation marks a significant shift for employers who had faced the prospect of paying it.
What the rule did
The administration had introduced the fee as part of a broader effort to restrict the H-1B programme, which allows United States employers to hire foreign workers in specialty occupations. The levy effectively raised the cost of sponsoring a new high-skilled foreign worker to a level that many employers — particularly smaller companies and startups — would struggle to absorb.
For context, standard H-1B filing costs normally run to a few thousand dollars per petition when government fees are combined. A $100,000 surcharge represented an increase of more than an order of magnitude over the ordinary expense of the process.
What the court did
The judge struck the fee down, voiding it. The ruling means the government can no longer collect the $100,000 charge on new H-1B filings under the challenged rule.
The decision is the latest instance of federal courts pushing back against Trump-era immigration restrictions. Judges have repeatedly blocked or dismantled policy changes that were issued through executive authority or agency rulemaking rather than through legislation.
Who is affected
The ruling matters for three groups:
- Employers that sponsor foreign workers in specialty occupations and would have faced the $100,000 charge for each new H-1B petition.
- Foreign nationals seeking a new H-1B visa, whose prospective employers now avoid the surcharge.
- Immigration attorneys and HR teams that must track which fee schedule applies to filings made before and after the court's action.
What changes in practice
The fee is void. Employers filing new H-1B petitions no longer owe the $100,000 charge under the struck-down rule. Petitioners should confirm current filing requirements and fee schedules with United States Citizenship and Immigration Services and, where needed, consult a licensed immigration attorney before submitting a case, since the practical details of implementing the ruling — including treatment of any payments already made — will follow official guidance.
Why it matters
The H-1B programme is a central pipeline for highly skilled workers, especially in technology, medicine, and engineering. Financial barriers of this size function as de facto caps: they do not change the statutory visa quota, but they can price out employers who would otherwise sponsor workers. By voiding the fee, the court has removed that barrier for new petitions.
What to watch
The government may appeal the ruling or attempt to achieve a similar policy goal through a different mechanism. Employers and applicants should monitor announcements from the Department of Homeland Security and United States Citizenship and Immigration Services for any revised fee rules or further litigation.
This article reports on the court decision as covered by CBS News. It does not constitute legal advice. Readers with pending or planned H-1B cases should verify current requirements with official United States government sources and qualified counsel.
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