Second federal judge blocks Trump's $100,000 H-1B visa fee

Sep 1, 2026

On September 30, 2026, US District Judge Haywood S. Gilliam Jr. blocks federal agencies from enforcing President Donald Trump's $100,000 H-1B visa fee, marking the second major judicial halt of the policy. The ruling in Global Nurse Force v. Trump finds that the administration bypassed mandatory notice-and-comment procedures under the Administrative Procedure Act. While the administration defends its authority to restrict foreign entry, the decision provides temporary relief to employers and Indian tech professionals.

Judge Gilliam's ruling on the H-1B fee

▪Judge Haywood S. Gilliam Jr. rejected the plaintiffs' request for class certification in Global Nurse Force v. Trump, finding that the injunction itself provided the necessary relief.
▪On September 30, 2026, US District Judge Haywood S. Gilliam Jr. blocked federal agencies from enforcing President Donald Trump's $100,000 H-1B visa fee in the lawsuit Global Nurse Force v. Trump.
▪The ruling by Judge Haywood S. Gilliam Jr. is the second federal court decision to halt the $100,000 H-1B fee, following a June 2026 block by a Boston federal judge.

Legal basis for Judge Gilliam's ruling

▪Judge Haywood S. Gilliam Jr. noted that the Trump administration failed to consider any alternatives or the reliance interests of regulated parties, making the H-1B fee policies likely arbitrary and capricious.
▪Judge Haywood S. Gilliam Jr. blocked the $100,000 H-1B visa fee and its September 18, 2026 White House extension because federal agencies failed to conduct notice-and-comment rulemaking and regulatory flexibility analyses required under the Administrative Procedure Act.

Arguments in the Global Nurse Force lawsuit

▪Plaintiffs in Global Nurse Force v. Trump argued that the president cannot unilaterally rewrite the H-1B fee structure established by Congress, citing a Supreme Court ruling on global tariffs.
▪The Trump administration argued that the president has broad authority under the Immigration and Nationality Act to restrict the entry of foreign nationals to protect US interests.

Other legal challenges to the H-1B fee

▪In July 2026, the First Circuit Court of Appeals declined to pause the Boston federal judge's June 2026 ruling that blocked the $100,000 H-1B visa fee.
▪A US District Court judge in 2025 denied an injunction on the $100,000 H-1B visa fee sought by the US Chamber of Commerce.
▪The US Chamber of Commerce filed a separate lawsuit challenging the $100,000 H-1B fee, which is currently pending before the US Court of Appeals for the District of Columbia Circuit.

Scope of the $100,000 H-1B fee

▪Under the September 2025 proclamation, employers paid the $100,000 H-1B visa fee for only about 700 individuals.
▪The $100,000 H-1B visa fee did not apply to foreign nationals already in the United States transitioning to H-1B status, such as international graduates on F-1 student visas.
▪The $100,000 H-1B visa fee did not apply to renewals of existing H-1B visas.

Proposed Department of Homeland Security fee

▪The proposed $103,000 permanent Department of Homeland Security fee is expected to face separate legal challenges involving different legal questions than the lawsuits over Trump's original fee.
▪In August 2026, the US Department of Homeland Security proposed a separate, permanent H-1B visa fee of approximately $103,000 through the formal federal rulemaking process.

Impact of H-1B policies on Indian nationals

▪In fiscal year 2024, Indian beneficiaries accounted for 80,449 approved H-1B petitions for initial employment, representing 57% of the total.
▪Indian nationals accounted for 283,755, or 71%, of all approved H-1B petitions in fiscal year 2024, making them disproportionately affected by changes to the visa program's costs.

Debatable claims

▪The US president has the constitutional authority to unilaterally set immigration fees
▪US companies widely abuse the H-1B visa program to replace American workers with cheaper labor
▪The $100,000 H-1B visa fee does more harm than good to the United States
▪Presidential immigration proclamations are exempt from standard administrative rulemaking requirements