Judge blocks Trump’s plan to charge H-1B visa applicants $100,000 — again

A second federal judge has blocked Trump’s $100,000 fee for new H-1B worker visas, ruling that the US Citizenship and Immigration Services and the State Department failed to follow necessary rule-making processes before implementing the charge.

The decision comes in response to a request by a coalition of unions, employers and nonprofits. The fee was temporarily blocked in June by a federal judge in Boston in a separate case brought by 20 states. A Boston-based appeals court in July declined to pause that decision.

The fee’s path through the courts

The H-1B program offers 65,000 visas annually, plus 20,000 for workers with advanced degrees, approved for three to six years. Typical H-1B fees were about $2,000 to $5,000, depending on factors.

Trump invoked federal immigration law to restrict entry of foreign nationals detrimental to US interests. He said businesses had abused the program and replaced American workers with cheaper foreign labor. The administration also ordered enhanced vetting of H-1B applicants and proposed a new selection process favoring higher-skilled and better-paid workers.

The Department of Homeland Security moved to adopt a permanent fee of about $103,000 in August. The fee was originally set to expire September 21. Trump recently extended it for another year.

Who challenged the fee

Steve Bressler, a lawyer with Democracy Forward, said “Today’s decision … protects a system that was thrown into chaos overnight.” The coalition’s request was granted in this ruling.

The US Chamber of Commerce has filed a third lawsuit challenging the fee and is appealing a judge’s decision rejecting its claims.

The legal argument

The judge found that the agencies failed to follow necessary rule-making processes before imposing the fee. That is the core holding, and it stands independent of any broader dispute over immigration authority.

The White House did not immediately respond to a request for comment.

What the fee means for employers

The fee would have added a significant upfront cost for companies seeking H-1B workers. A $100,000 charge far exceeds the previous range of $2,000 to $5,000.

For smaller firms, the barrier could be decisive. A startup hiring its first overseas engineer might face a budget question that never existed before. For larger firms, the fee is still a burden but likely manageable.

Where this goes next

The Boston case remains active, with the appeals court declining to pause that decision. The Chamber of Commerce’s appeal of a rejected claim is also pending.

The administration can appeal this ruling as well. But the combined weight of two federal judges against the fee changes the political calculus.

The practical takeaway

The fee is blocked again. Employers who planned around it can breathe easier for now.

The H-1B program remains in flux. The fee’s future depends on how the remaining cases play out. But for the moment, the $100,000 charge is stopped.

The judge’s reasoning matters here. The principle that agencies must follow rule-making procedures before changing fees is a standard worth defending. It protects a system that was thrown into chaos overnight, as Bressler put it.

The administration’s move to adopt a permanent fee of about $103,000 in August adds another layer to watch. That effort, when finalized, will likely face its own legal challenge.

Here is the current order of events:

1. The fee was announced, drawing protests from employers and advocates alike.
2. A federal judge in Boston temporarily blocked the fee in June, in a case brought by 20 states.
3. A Boston-based appeals court declined to pause that decision in July.
4. The Department of Homeland Security moved to adopt a permanent fee of about $103,000 in August.
5. Trump recently extended the fee for another year.
6. A second federal judge has now blocked the fee, ruling that the agencies failed to follow necessary rule-making processes.

Two judges, two blocks. The odds on the fee surviving look uncertain.

The fee is blocked by two judges. That is the situation, and it is unlikely to change soon.

Source material: “Trump’s $100,000 fee for new H-1B worker visas blocked by second judge,” the New York Post.

H-1B · immigration · judicial block · rule-making · visa fees