U.S. Employer Alert: Court Blocks $100,000 H-1B Visa Fee for Specialty Occupations

A federal court ruled the Trump administration’s $100,000 fee on new H-1B visa applications is unlawful. The fee applied to certain petitions filed on or after September 21, 2025. The court found the fee works more like a tax than a visa fee or penalty. The court also said Congress did not clearly authorize the President to impose it.

The H-1B visa program allows a U.S. employer, or H-1B employer, to hire foreign nationals for specialty occupations that generally require a bachelor’s degree or higher and the application of a body of highly specialized knowledge. H-1B workers are typically granted work authorization in H-1B status for up to a maximum of six years in many cases. Although H-1B status is temporary and does not itself grant permanent residency, it is often part of a longer-term workforce strategy for employers hiring skilled foreign nationals in the United States.

Before filing an H-1B petition, employers generally must obtain a certified Labor Condition Application, or LCA, from the Department of Labor, including attestations related to the prevailing wage and working conditions. The challenged $100,000 fee would have significantly increased the cost of hiring foreign professionals through the H-1B program.

Why the $100,000 H-1B Visa Fee Was Blocked

Multiple state attorneys general challenged the H-1B Visa fee. The court concluded that the government could not impose an unauthorized tax under the label of an “entry restriction” or administrative requirement.

As a result, while the ruling remains in effect and has not been stayed or overturned, USCIS and the Department of State may not continue enforcing the $100,000 H-1B Visa fee requirement.

Will Employers Who Already Paid H-1B Visa Fee Receive a Refund?

That remains unclear.

Public reports indicate that USCIS had received 85 payments of the $100,000 H-1B Visa fee as of February 15. However, USCIS has not yet issued formal guidance on refund eligibility, timing, or procedures.

Employers that already paid should preserve payment records, receipts, case numbers, filing confirmations, submission dates, and attorney communications while waiting for further USCIS or Department of State instructions.

Do Foreign Nationals Applying Overseas Still Need to Pay H-1B Visa Fee?

Based on the current ruling, employers generally should not be required to pay the $100,000 fee while the court’s order remains in effect.

However, the government may appeal, and a higher court could stay or reverse the decision. Employers preparing overseas H-1B applications, including cases involving F-1 students changing to H-1B status or other visa holders, should confirm the latest USCIS, Department of State, and consular guidance before filing.

What H-1B Employers Should Do Now

Employers planning H-1B filings should:

• Monitor USCIS and Department of State updates on fee suspension, refunds, and pending cases;

• Preserve all payment and case materials;

• Confirm fee requirements before filing overseas H-1B applications;

• Continue reviewing H-1B costs, lottery timing, prevailing wage obligations, and visa screening risks.

Key Takeaway for H-1B Employers and Visa Holders

This ruling is a significant positive development for H-1B employers, H-1B workers, F-1 students, and other foreign nationals affected by the $100,000 fee. However, the litigation is not fully resolved, and future government guidance may change how pending or future cases are handled.

If you or your company is planning H-1B, L-1, or other work visa filings, or would like to assess recent visa fee developments, consular processing strategies, and cross-border workforce compliance risks, please contact the ILS Immigration Team at immigrationlaw@consultils.com. We assist employers in evaluating filing options, identifying potential risks, and developing more stable international workforce strategies based on the latest policy developments.

Disclaimer：This article is based on the latest policy information as of June 8, 2026. Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949