US Judge Upholds $100,000 H-1B Visa Fee
A U.S. federal judge has upheld a controversial $100,000 fee on new H-1B visa applications, rejecting a legal challenge from major U.S. business groups. The decision supports President Donald Trump’s immigration policy aimed at reducing reliance on skilled foreign workers and encouraging employers to hire American workers.
Court decision on H-1B fee
The judge ruled that the fee falls within the executive branch’s authority to regulate immigration and declined to overturn it. The legal challenge was brought by the U.S. Chamber of Commerce and other associations representing employers who argued the fee was unlawful and would harm industries that rely on foreign talent. Despite objections, the court maintained the policy’s legality, allowing the fee to remain in effect for new visa petitions.
What the fee means
The $100,000 charge applies to new H-1B visa applications filed after a presidential proclamation in September 2025. This is a sharp increase from previous filing costs and could significantly raise the cost of hiring skilled foreign workers in sectors such as technology, engineering, healthcare and education. Employers must still pay standard H-1B application fees alongside the new charge.
Impact on employers and workers
Industry groups have warned that the high fee could deter companies from sponsoring foreign workers and strain labour markets dependent on specialised talent. Some have indicated plans to pursue further legal appeals. Supporters of the policy say it will protect U.S. jobs and reduce dependency on foreign labour.
Broader visa program context
The H-1B visa programme, which allows U.S. employers to hire nonimmigrant workers in specialty occupations, has long been a focal point in debates over immigration and workforce policy. The programme is capped each year, and changes to fee structures and processes could have wide implications for employers and prospective workers.
