Second Federal Judge Blocks $100,000 H-1B Visa Fee: What Employers Should Know

What Did the Federal Judge Decide?

According to Reuters, U.S. District Judge Haywood Gilliam in Oakland, California, blocked federal agencies from implementing the $100,000 fee while a lawsuit brought by a coalition of employers, unions, and nonprofit organizations proceeds. The challenge focused on whether the administration followed the legally required procedures when adopting the policy.

The California ruling followed an earlier decision by a federal judge in Massachusetts that also blocked the fee. These are separate court orders arising from different proceedings. Their practical effects depend on the precise language of each order and any subsequent court or agency action.

The dispute concerns the government's authority and procedures for imposing the additional charge. A ruling blocking implementation does not, by itself, eliminate the H-1B visa program or waive the program's other eligibility and filing requirements.

Who May Be Affected by the Ruling?

The H-1B program allows qualifying U.S. employers to hire foreign professionals for specialty occupations that generally require specialized knowledge and a qualifying degree or equivalent. Employers in technology, engineering, research, healthcare, and other professional fields may rely on the program to fill specialized positions.

The administration's $100,000 fee policy raised concerns about the cost of hiring certain new H-1B workers. The litigation may therefore affect employer budgets, recruitment plans, and decisions about when and how to file petitions. However, the ruling should not be interpreted as automatically exempting every employer or every H-1B case from the fee.

The details matter. A petition for a worker outside the United States may present different questions from a petition involving a worker already in H-1B status, an extension, an amendment, or a change of status. Employers should confirm how the applicable order and current agency instructions address their particular situation.

What Employers and Foreign Workers Should Know

Employers should review pending and planned H-1B filings individually rather than assuming that the court decisions resolve every fee question. Before paying an additional charge or submitting a petition, verify the latest official instructions from U.S. Citizenship and Immigration Services (USCIS) and review the relevant court order.

• Check the petition type: Determine whether the case involves a new worker, an extension, an amendment, or a change of status.
• Confirm current requirements: Review official agency guidance and any later court orders before calculating filing costs.
• Plan hiring timelines: Account for uncertainty without overlooking petition deadlines or employment start dates.
• Keep records: Document the fee analysis and filing decisions made for each sponsored employee.

Foreign professionals should remember that blocking a fee does not guarantee H-1B petition approval, selection in the cap process, visa issuance, admission to the United States, or employment authorization. Workers should continue monitoring their current immigration status, authorization, and expiration dates.

What Happens Next?

The government may pursue further litigation or consider additional regulatory action. Reuters also reported that the Department of Homeland Security had moved toward adopting a permanent fee of approximately $103,000 in August 2026. The status and legal effect of that measure should be evaluated separately from the existing fee policy challenged in court.

Employers should monitor developments from USCIS, the Department of State, and the courts. A decision concerning one policy or one set of parties does not necessarily determine the outcome of a separate rulemaking or legal challenge.

For now, immigration planning should be based on the requirements that actually apply to the individual petition, not assumptions about how the litigation will ultimately end. Because court orders and agency guidance can change, verify the latest information before taking action.

Source: Reuters, “Second judge blocks Trump's $100,000 fee for new H-1B worker visas,” October 1, 2026.

Get Legal Guidance

H-1B fee litigation can create uncertainty for employers and foreign professionals making time-sensitive immigration decisions. We can help assess how current court orders and agency guidance may apply to your circumstances, review relevant filing requirements, and identify issues that should be addressed before you proceed.

Every case depends on its facts, petition type, and applicable rules. Obtain individualized legal advice before making decisions about filing, payment, employment, or travel.