Beyond the Visa: Judge blocks H-1B filing fee of $100,000; gov’t to appeal
By Licelle Cobrador
In September 2025, President Trump issued Proclamation 10973 introducing a $100,000 supplemental fee for new, first-time H-1B visa petitions filed from abroad.
That proclamation was in effect for several months although on June 8, 2025, a federal judge vacated the order and nullified the $100,000 fee. Judge Leo Sorokin said President Trump imposed an “unlawful tax” Congress did not authorize. Taxation is within the sphere of Congress and not the Executive. The administration is set to appeal this ruling.
Only 85 applications have been received by the USCIS as of February 2026, according to reports, with employers agreeing to pay the amount.
The H-1B program allows U.S. employers to sponsor foreign professionals in “specialty occupations” that require at least a bachelor’s degree, such as “engineers, teachers, computer programmers, medical doctors, and physical therapists,” according to the Department of Labor website.
This immigration status is generally capped at a maximum of six years, though exceptions exist for those pursuing permanent residency. Congress has restricted H-1B visas to 65,000 applicants per year, with 20,000 more for those with advanced degrees. Cap-exempt employers are higher education institutions, non-profit research organizations or governmental research entities.
Those exempt from this fee are individuals seeking changes or extensions of their status, current H-1B visa holders, beneficiaries returning on approved petitions and cases qualifying for “national interest exceptions.” Meaning individuals in these categories pay the standard fees.
Consult an immigration attorney immediately if you want to know what fees apply in your case. Fees are a very significant component of a petition. Getting the fees wrong can lead to a rejected filing and a missed deadline.
The FilAm runs a regular space for immigration matters, “Beyond the Visa,” written by lawyer Licelle Cobrador. Atty. Licelle of Cobrador & Associates www.cobradorlaw.com begins with the question: What’s the latest? Licelle cuts through the noise, bringing deep knowledge, focus and clarity to our immigration journeys. You may reach her at info@cobradorlaw.com.
