A federal judge struck down H-1B visa fees as illegal.
In a major blow to the Donald Trump administration and its plan to make the H-1B visa program more expensive, a federal judge has declared that the $100,000 fee imposed by US President Donald Trump on new H-1B visas for highly skilled foreign workers is illegal and should be invalidated.
U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging fees announced by Trump in September that dramatically increased the cost of obtaining H-1B visas. DHS has not responded to the ruling, but the department can appeal the ruling and can also appeal for a stay of execution.
Here is the schedule for H-1B visa fees Controversy
September 19, 2025
- President Donald Trump signed a presidential proclamation titled “Restricting Entry of Certain Nonimmigrant Workers.”
- The announcement introduced a $100,000 fee for new H-1B applications, one of the most significant changes ever made to the H-1B program.
September 20, 2025
- USCIS has issued implementation guidance explaining how the fee works.
- The agency clarified that the fee would only apply to certain new H-1B petitions filed after the effective date, and not to petitions that had already been approved or filed before the rule went into effect.
September 21, 2025
- The $100,000 fee officially went into effect at 12:01 a.m. ET.
- The fee will accompany new H-1B petitions filed after that date, including petitions filed under future lottery cycles, the White House said.
September-October 2025
- Confusion has prevailed over whether the fee applies to existing H-1B holders, renewals, extensions, transfers and foreign travel.
- The White House explained: The fee was a one-time solicitation fee, not an annual fee.
Existing H-1B holders were generally not affected.
Renewing and extending visas was not the primary goal of this measure.
October 20-23, 2025
- USCIS has issued further guidance to narrow the scope.
- The agency explained that the fees apply primarily to:
New H-1B petitions include consular processing, and
Beneficiaries from outside the United States without a valid H-1B visa.
Extensions, modifications, and requests to change status generally remained exempt.
March-April 2026
- The FY 2027 H-1B cap season becomes the first major lottery cycle to be affected by the new fee structure.
- Employers sponsoring some new employees abroad faced much higher costs.
June 2026
- DHS Secretary Markwayne Mullen told lawmakers that more than 200,000 applicants paid a $100,000 fee during fiscal year 2026.
- He also noted that DHS has the authority to grant waivers in limited circumstances.
June 3-8, 2026A federal judge ruled that the Trump administration’s $100,000 H-1B fee was illegal, voiding the policy.
