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Federal judge strikes down $100K H-1B visa fee rule
By Aurax Desk | June 9, 2026 | 2 min read
A U.S. federal court has invalidated a Trump administration policy that would have imposed a $100,000 fee on certain H-1B visa petitions for skilled foreign workers. The ruling removes a major financial requirement that had been set to reshape employer access to the program while legal challenges continue over federal immigration authority.
A U.S. federal judge has blocked a proposed $100,000 fee for H-1B visa applications, ruling the policy unlawful.
A federal judge ruled that the proposed fee increase for H-1B visas exceeded the administration’s authority under existing immigration law, effectively voiding the policy. The decision, issued on June 8, determined that the fee structure could not be implemented without proper statutory backing from Congress, halting a measure that had been positioned as a way to reduce reliance on foreign skilled labor.
The H-1B visa program allows U.S. employers to hire foreign professionals in specialty occupations, particularly in technology, engineering, and scientific fields. The Trump administration had argued the higher fee would prioritize domestic workers and discourage overuse of the program, but the court found the approach did not align with the regulatory framework governing visa fees and agency rulemaking.
The H-1B visa program is widely used by U.S. technology firms to hire skilled foreign workers.
The ruling introduces uncertainty for employers that rely on H-1B visas, especially in the technology sector, where demand for specialized labor remains high. While the decision blocks implementation of the fee, it is expected to face further legal review as immigration policy continues to be contested in federal courts.
Sources: Reuters, Associated Press, CNN, The Washington Post.
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