Trump's $100,000 H-1B visa fee is unlawful, US judge rules

A United States judge on Monday declared a $100,000 fee that US ‌President Donald ⁠Trump had ⁠imposed on new H-1B visas for highly skilled foreign workers is unlawful and must ⁠be invalidated, according to Reuters.

US District Judge Leo ⁠Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging ‌a fee Trump had announced in September ⁠that dramatically raised the cost of obtaining H-1B visas.

This comes days after Department of Homeland Security (DHS) Secretary Markwayne Mullin told a Senate panel that more than 200,000 applicants seeking H-1B visas to work in the US paid $100,000 for expedited processing during fiscal year 2026.


Also read: US DHS chief Mullin signals flexibility on $100,000 H-1B visa fee



The H-1B visa being one of the most sought-after US work visas, gives American companies access to skilled global talent while offering foreign professionals a path to work in the country. Trump’s order proposing a $100,000 annual fee per H-1B worker left many uncertain about visa reforms and new requirements.

Trump’s executive order proposed a significant $100,000 annual fee per H-1B visa. The administration indicated that this fee will apply to all H-1B positions regardless of salary level or skill requirement, and will be collected alongside existing vetting procedures.

On June 3, Mullin said the DHS has the authority to waive a new $100,000 H-1B visa fee in certain cases, offering potential relief to employers facing high recruitment costs. He also expressed support for streamlining the return process for some seasonal foreign workers under the H-2B visa programme.

Speaking at his first Senate budget hearing as DHS secretary, Mullin said the department can consider fee waivers on a case-by-case basis.

His remarks came after Senator Susan Collins of Maine raised concerns about a rural hospital that paid the fee to hire a surgeon from abroad after failing to find a qualified US candidate.

“We do have some authority and flexibility to be able to waive some of this on a case by case,” Mullin said.