US Judge Blocks $100,000 H-1B Visa Fee for Highly Skilled Foreign Workers

VoS NEWS DESK | IMMIGRATION LAW | 1 OCTOBER 2026

US District Judge Haywood Gilliam in California issued the latest ruling after a coalition of unions, employers and non-profit organisations challenged the fee in federal court.

The H-1B programme allows US employers to employ foreign workers in specialised occupations. It is widely used in areas including technology, engineering, healthcare, research and other professional fields requiring specialised expertise.

The $100,000 charge represented a dramatic increase compared with the previous fee structure, which generally involved charges in the range of several thousand dollars depending on the application and employer.

Judge Gilliam's ruling focused on the process used to introduce the fee. According to Reuters, the court found that US Citizenship and Immigration Services and the State Department had not followed required rule-making procedures before putting the charge into effect.

The decision follows an earlier ruling by a federal judge in Boston, who blocked the fee in June. That earlier decision was subsequently upheld when a federal appeals court declined to pause it.

The legal challenge has therefore developed into a broader dispute over the federal government's authority to impose major new costs on the H-1B immigration programme.

The administration has defended the higher fee as part of its wider immigration and employment policies. Officials have argued that changes to the H-1B system are necessary to address what they regard as problems with the programme and to protect opportunities for US workers.

Opponents of the fee, including employers and organisations representing foreign workers, have challenged both its legality and its potential impact on the US labour market.

The H-1B system is particularly important to US businesses that recruit international professionals. Employers in technology and other highly specialised sectors have historically relied on the programme when they cannot fill certain positions through the domestic workforce.

A six-figure fee could significantly alter the cost calculations for companies considering H-1B sponsorship.

The latest court ruling does not settle the wider debate over the future of the programme. Instead, it temporarily prevents the government agencies involved from enforcing the disputed fee while the legal challenges continue.

The Department of Homeland Security has also been considering a permanent fee of around $103,000, adding another potential legal and regulatory issue to the dispute.

The continuing litigation means employers and foreign professionals face uncertainty over the precise cost and legal framework governing new H-1B applications.

Further court decisions could determine whether the fee can ultimately be enforced, whether it must be introduced through a different legal process, or whether another immigration policy will replace it.

VoS STRATEGIC INSIGHT

The H-1B dispute is now centred heavily on immigration authority, administrative procedure and the cost of sponsoring highly skilled foreign workers. Two federal courts have blocked enforcement of the $100,000 fee in separate cases, while the US government continues to defend its immigration policy and pursue changes to the programme. The final legal position remains subject to further proceedings.

Source: Reuters; US federal court proceedings; US Citizenship and Immigration Services; US Department of Homeland Security.