A federal judge vacated President Trump’s policy imposing a $100,000 fee for H-1B visa applications. U.S. District Judge Leo Sorokin ruled that the fee violated the Administrative Procedure Act and the Constitution. The decision affects all employers with pending H-1B petitions and changes the cost calculus for future filings.
What changed
Trump signed a proclamation in 2025 adding a $100,000 payment to all new H-1B applications. USCIS implemented the fee on new applications filed on or after September 21, 2025, and clarified that the fee applied only to new applicants living abroad, not renewals.
Judge Sorokin agreed with the 20 states that brought the suit in finding “the substance and application of the $100,000 payment reveal that it is a tax” and that Congress had not delegated that power to the executive branch. Sorokin found that the Trump administration had not “reasonably explained” the decision to implement the fee and ordered the required visa payment to be set aside in its entirety under the Administrative Procedure Act.
The Trump administration said it would appeal the ruling.
Why it matters
This ruling removes a significant barrier to H-1B sponsorship that took effect just 48 hours after the policy announcement. Employers normally pay H-1B fees ranging between $1,700 to $4,500—the $100,000 addition more than doubled the cost per petition and deterred many filings.
The immediate practical impact:
- Pending cases: Any H-1B petition filed under the $100,000 fee requirement may now be eligible for fee refunds or waiver. You should identify affected clients and contact USCIS about relief options.
- Litigation uncertainty: A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal, meaning the fee status may shift again as appeals proceed. Do not assume this ruling is final.
- Employer strategy: Until the appeals process resolves, employers can file H-1B petitions at the historical fee level. Factor in the timeline and appellate risk when advising clients on petition timing.
Way forward
- For practitioners: Search your caseload for H-1B beneficiaries or petitioners who paid the $100,000 fee under the Trump proclamation. Contact USCIS Service Centers to inquire about fee refunds or fee waivers for affected petitions.
- Monitor the appeal: The Trump administration has signaled it will challenge this decision. Track the federal appeals court’s schedule; an adverse ruling at the circuit level could reinstate the fee.
- Advise clients on cost: Alert sponsoring employers that while the fee is currently enjoined, appellate risk exists. Recommend filings sooner rather than later if costs are the deciding factor.
- Verify current fee rules: Confirm the exact fee due on each new H-1B petition with USCIS before filing. Policy can shift without notice.
Disclaimer
Fola is not a law firm and this article is not legal advice. Consult a licensed immigration attorney to discuss your specific facts, rights, and obligations. This summary reflects the court’s decision as of the date published, but immigration policy and court orders can change without notice. Verify all information against the primary source linked above and the most current USCIS guidance before relying on it in a client matter.