US Courts Block Trump’s $100,000 H-1B Fee As Visa Approvals Resume
- Federal courts in Massachusetts and California have separately moved to stop enforcement of the $100,000 H-1B visa charge
- Some employers who filed petitions under premium processing are still waiting beyond the standard 15-business-day window
- Skilled foreign workers who were dropped from recruitment shortlists because of the fee could now be back in consideration
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The United States has begun issuing approvals on H-1B visa petitions that were submitted without the $100,000 fee introduced by President Donald Trump, after federal courts stepped in to block the government from collecting the charge.
Immigration law firm Meltzer Hellrung confirmed that decisions are now coming through on previously stalled cases.
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The firm noted that movement on pending applications followed its public statements highlighting the delays.
However, not all petitions have been resolved. Some filings made under the premium processing track, which carries a standard turnaround of 15 business days, have remained without a decision beyond that deadline.
Meltzer Hellrung has advised employers to audit any such petitions and review visa appointments and travel plans for workers whose applications have already been approved.
The $100,000 fee was established through a presidential proclamation in September 2025, applying to certain new H-1B petitions for workers located outside the United States. The requirement was later extended on 18 September 2026 to remain in effect until 21 September 2027.
Two separate federal courts have since acted against it. The US District Court for the District of Massachusetts struck down the fee in June 2026, and the First Circuit Court of Appeals declined the government's request to suspend that ruling while an appeal proceeded. Separately, the US District Court for the Northern District of California issued an order in late September 2026 barring enforcement of the fee, covering the extended proclamation as well.
US Citizenship and Immigration Services has stated it is complying with both rulings but has indicated it would resume collecting the fee should the orders be overturned.
For companies that had ruled out overseas candidates because of the added cost, the resumption of approvals reopens that talent pipeline.
Meltzer Hellrung encouraged employers to revisit applications from qualified foreign professionals, while carefully examining each candidate's visa stamp, prior immigration status and H-1B history before moving forward.
Workers who previously held H-1B status and still have time remaining within the six-year cap may also qualify for new petitions without re-entering the annual lottery, depending on their individual circumstances.
The firm cautioned, though, that foreign workers cannot begin employment through H-1B portability provisions while their petitions remain pending. Employers seeking to engage such workers in the interim may need to explore overseas contracting or employer-of-record arrangements.
The legal status of the $100,000 fee remains unsettled as both court challenges continue to work through the appeals process.
US cuts African visa approvals by 89% under Trump
Earlier, YEN.com.gh reported that the US had announced an 89% decline in visa approvals for Africa.
This follows figures released in a White House statement on Monday, 19 September.
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Source: YEN.com.gh
