Work & SkillsEntry PF-325445 · Page 38 · Stamped OCT 01, 2026

Second Federal Judge Blocks $100,000 H-1B Visa Fee Rule

A second federal judge has blocked the Trump administration's $100,000 fee on new H-1B skilled worker visa petitions, stalling enforcement of the DHS rule.

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Second judge blocks Trump's $100,000 fee for new H-1B worker visas - The Korea Times
Second judge blocks Trump's $100,000 fee for new H-1B worker visas - The Korea TimesPhoto — AI-generated

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  • A second federal judge has blocked the $100,000 fee on new H-1B visa petitions
  • The fee was introduced by the Trump administration through the Department of Homeland Security
  • The H-1B programme allows US employers to hire foreign workers in specialty occupations

A second federal judge has blocked the $100,000 fee the Trump administration imposed on employers filing for new H-1B skilled worker visas, dealing another legal setback to the policy.

The ruling is the second judicial decision against the fee, which the administration introduced through the Department of Homeland Security (DHS). Under the rule, employers seeking to sponsor new H-1B workers faced a $100,000 per-petition charge, a dramatic increase designed to restrict use of the programme.

The decision means the fee cannot be enforced against affected petitioners while the litigation continues. Employers and business groups had challenged the measure in court, arguing the administration imposed it without proper authority.

The H-1B visa allows US companies to hire foreign workers in specialty occupations. The $100,000 fee applied to new petitions, and its enforcement would have significantly raised the cost of sponsoring high-skilled foreign nationals.

A first judge had already blocked the fee in an earlier ruling. The second ruling reinforces that outcome across additional cases, leaving the DHS measure stalled in the courts.

The Korea Times first reported the decision under the headline "Second judge blocks Trump's $100,000 fee for new H-1B worker visas."

What changes for employers

With the fee blocked by two federal judges, petitioners filing new H-1B petitions are not required to pay the $100,000 charge while the rulings stand. Employers should track further court developments and follow official DHS and US Citizenship and Immigration Services (USCIS) announcements, since the litigation may continue and the legal status of the fee could change on appeal.

Companies with pending or planned H-1B filings should confirm current fee requirements against official USCIS guidance before submitting petitions. This article reports on the court decision and does not constitute legal advice for individual cases.

via GN New Visa Programmes (Source)

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News editor covering business strategy at Passport File.

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