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

October 1, 2026 at 07:05 AM2 min

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A second US federal judge blocked the $100,000 fee imposed by President Donald Trump for H-1B visas for highly skilled foreign workers. US District Judge Haywood Gilliam in Oakland, California, ruled that the US Citizenship and Immigration Services and the State Department failed to follow required rulemaking procedures before imposing the fee. The ruling came even as a Boston appeals court in July refused to stay a separate injunction against the fee.

Key Facts

US District Judge Haywood Gilliam in Oakland, California, blocked the $100,000 H-1B visa fee on Wednesday.
The fee was imposed by President Donald Trump for H-1B visas for highly skilled foreign workers.
A Boston federal judge temporarily blocked the fee in June in a separate case brought by 20 states.
The US Chamber of Commerce filed a third lawsuit challenging the fee amount.
The H-1B program issues 65,000 visas annually, plus 20,000 for workers with advanced degrees.

Court Ruling

US District Judge Haywood Gilliam in Oakland, California, ruled that the US Citizenship and Immigration Services and the State Department failed to follow required rulemaking procedures before imposing the fee. Gilliam granted a request by a coalition of labor unions, employers, and nonprofit organizations to block the fee pending the outcome of their lawsuit. In June, a federal judge in Boston temporarily blocked the fee in a separate case brought by 20 states. In July, a Boston appeals court refused to stay that decision.

Legal Challenges

The US Chamber of Commerce, the country's largest business lobbying group, filed a third lawsuit challenging the fee amount. The Chamber is appealing a judge's decision rejecting its claims that Trump lacked authority to set the fee. The lawsuits argue that Trump's authority to restrict entry does not allow him to repeal the law that created the H-1B visa program. They also contend that the Department of Homeland Security cannot collect fees or taxes without congressional approval.

Visa Program Impact

The H-1B program allows US employers to hire foreign workers trained in specialized fields, with high demand in technology, education, and research. The program issues 65,000 visas annually, plus 20,000 for workers with advanced degrees, for terms of three to six years. Before Trump's order, fees for such visas ranged from $2,000 to $5,000. The Department of Homeland Security in August made the $103,265 fee permanent, but it will not apply to visas for foreign nationals already in the US on student visas or to renewals.