A federal judge has struck down the Trump administration's $100,000 fee for H-1B visa applications, ruling the charge unlawful. The decision, issued June 8, blocks one of the administration's most aggressive attempts to restrict high-skilled foreign worker visas.
The fee represented a dramatic escalation from the previous H-1B filing cost of $460. The Trump administration had imposed the six-figure charge earlier this year as part of a broader effort to curtail the H-1B program, which allows U.S. employers to hire foreign workers in specialty occupations. The program has long been a target of immigration restrictionists who argue it displaces American workers, though tech companies and universities rely heavily on H-1B holders to fill engineering, research, and medical positions.
The court found the administration lacked statutory authority to impose such a fee. U.S. immigration law permits the government to charge application fees that cover processing costs, but the $100,000 figure far exceeded any reasonable estimate of administrative expenses. The judge determined the fee functioned as a de facto ban rather than a legitimate cost-recovery measure, effectively pricing most employers out of the program.
"The fee is unlawful," the ruling states.