A federal judge ruled the $100,000 H-1B fee for visa workers does not exceed presidential authority. The challenge, filed by the U.S. Chamber of Commerce, argued the fee is a violation of federal immigration statue and exceeds the authority of the president. Employers and foreign nationals interested in the H-1B visa program should continue to monitor ongoing developments as future court orders may affect the program with little notice.

Introduced via presidential proclamation on September 19, 2025, the $100,000 visa fee immediately saw challenges. Other legal challenges, led by California and Massachusetts, remain open. The fee remains in effect, depending on the outcome of these other legal challenges.

After introduction, clarification of details of the fee were outlined. The fee applies solely to new H-1B visa holders, not existing holders. Further, the fee does not apply to foreign students with an approved H-1B status in the United States. However, the outcome of the other legal actions may affect these points.

As always, Immigration USA actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent developments. In an ever-evolving immigration policy landscape, we’re with you every step of the way.