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[INTERNATIONAL] · United States · 11 sources

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California judge blocks $100,000 H-1B visa fee

A federal judge in California has blocked the Trump administration from enforcing a $100,000 fee on new H-1B visa petitions. U.S. District Judge Haywood S. Gilliam Jr. ruled that the Department of Homeland Security and the State Department failed to follow proper federal rulemaking procedures required by the Administrative Procedure Act.

The court found that the agencies implemented the fee, which was established by a presidential proclamation in September 2025, without the necessary notice-and-comment period for public input. The judge noted that the agencies acted in an “arbitrary and capricious” manner by failing to study alternatives or the economic impact on affected entities.

The ruling applies to the implementation policies used to enforce both the original 2025 proclamation and its 2026 extension. The legal challenge was brought by a coalition including employers, unions, healthcare recruiters, and educational institutions, such as Global Nurse Force, who argued the fee would harm sectors relying on high-skilled foreign workers.

Entities

Department of Homeland Security · Donald Trump · E. Jean Carroll · Global Nurse Force · Haywood S. Gilliam Jr. · Lewis Kaplan · U.S. Citizenship and Immigration Services · U.S. Department of Homeland Security · U.S. Department of State · U.S. Second Circuit Court of Appeals

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