In a major blow to the Donald Trump administration and its plan to make the H-1B visa program costlier, a federal judge declared that the $100,000 fee imposed on new H-1B visas for highly skilled foreign workers is unlawful and must be invalidated. US District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas.
Timeline of the H-1B Visa Fee Controversy
September 19, 2025
President Donald Trump signed a presidential proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers." The proclamation introduced a $100,000 fee for new H-1B petitions, one of the most significant changes ever made to the H-1B program.
September 20, 2025
USCIS issued implementation guidance explaining how the fee would work. The agency clarified that the fee would apply only to certain new H-1B petitions filed after the effective date, not to petitions already approved or filed before the rule took effect.
September 21, 2025
The $100,000 fee officially took effect at 12:01 a.m. Eastern Time. The White House said the fee would accompany new H-1B petitions submitted after that date, including petitions filed under future lottery cycles.
September–October 2025
Confusion emerged over whether the fee applied to existing H-1B holders, renewals, extensions, transfers, and overseas travel. The White House clarified that: The fee was a one-time petition fee, not an annual charge. Current H-1B holders were generally unaffected. Visa renewals and extensions were not the primary target of the measure.
October 20–23, 2025
USCIS issued further guidance narrowing the scope. The agency clarified that the fee primarily applied to: New H-1B petitions involving consular processing, and beneficiaries outside the US without a valid H-1B visa. Extensions, amendments, and change-of-status petitions generally remained exempt.
March–April 2026
The FY 2027 H-1B cap season became the first major lottery cycle affected by the new fee structure. Employers sponsoring certain new overseas hires faced substantially higher costs.
June 2026
DHS Secretary Markwayne Mullin told lawmakers that more than 200,000 applicants had paid the $100,000 fee during FY 2026. He also indicated DHS had authority to grant waivers in limited circumstances.
June 3–8, 2026
A federal judge ruled that the Trump administration's $100,000 H-1B fee was unlawful, striking down the policy.
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