Second Federal Judge Blocks Trump's $100K H-1B Visa Fee

A second federal judge has issued a ruling blocking President Trump's proposed $100,000 fee for H-1B visa holders, marking another legal setback for the administration's immigration policy initiative.

The judge's decision requires the Department of Homeland Security to complete the proper administrative rulemaking process before implementing the fee. This ruling follows a similar earlier decision from another federal court, indicating a pattern of judicial resistance to the fee structure.

The H-1B visa program, which allows U.S. companies to employ foreign workers in specialty occupations, has been a focal point of Trump administration immigration policy. The proposed $100,000 fee would represent a significant increase from current costs and was intended as a deterrent to employers seeking to hire foreign workers.

The court's requirement that DHS complete proper rulemaking suggests the agency may not have followed established administrative procedures when proposing the fee. Under the Administrative Procedure Act, federal agencies must provide notice to the public and opportunity for comment before implementing major policy changes.

This second judicial block reinforces the legal principle that executive actions, even those related to immigration enforcement, must comply with statutory requirements and procedural safeguards. The ruling does not necessarily prevent the fee from being implemented permanently, but it requires the administration to pursue the change through proper channels.

The decision reflects ongoing tensions between the executive branch's immigration enforcement goals and judicial oversight of administrative action. Immigration policy remains highly contested, with courts continuing to scrutinize the legal basis and procedural compliance of administration initiatives.

Source: Jurist.org — Published: 2026-10-02T00:02:53.000Z

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Editorial note: This content was researched and generated on 2026-10-02. Facts and pricing are verified at time of writing and subject to change.