Boston Federal Judge Blocks Trump’s H-1B Visa Fee Increase

A federal judge in Boston has blocked the Trump administration’s attempt to impose a $100,000 fee on H-1B visa applications, a move deemed as an unauthorized tax without congressional approval. This fee had sharply risen from the previous range of $2,000-$5,000 and was aimed at giving priority to U.S. citizens.

The White House plans to appeal the judge’s decision. The Trump administration revealed a plan introducing this substantial fee for new H-1B visa applications, a proposal blocked by the court last year after being set by presidential order.

The Department of Homeland Security (DHS) has proposed a rule to implement a $103,265 fee for each H-1B petition subject to the annual statutory cap. This fee would also affect petitions eligible for advanced-degree exemptions and is meant to cover federal immigration system costs managed by DHS, the Department of Justice, the Department of State, and the Department of Labor.

According to U.S. Citizenship and Immigration Services spokesperson Zach Kahler, the fee aims to recover costs for immigration programs that taxpayers currently fund.

The fee, initially implemented temporarily by President Donald Trump’s administration, was legally challenged and blocked by a federal judge in June. The appeals court is currently reviewing the judge’s ruling, while another court examines whether a business group’s challenge to the fee was fittingly dismissed.

The temporary fee’s imposition will end next month. The DHS proposed rule intends to make the $103,265 fee permanent, with public inspection scheduled before publication in the Federal Register.

The H-1B visa program allows U.S. businesses to employ foreign workers in specialized fields, with an annual cap of 65,000 visas. An additional 20,000 visas are available for workers holding advanced degrees from U.S. institutions. These visas, previously accompanied by fees between $2,000 and $5,000, can typically be extended up to a total of six years.

The proposed fee targets all cap-subject H-1B petitions, including petitions for foreign students already in the U.S. seeking status change, while cap-exempt petitions and routine extensions are not affected.

President Trump has alleged that some companies exploit the H-1B program, replacing American workers with cheaper foreign labor. However, many U.S. companies and business groups argue the program solves skill shortages and brings top talent to support the U.S. economy.

As of February, around 70 employers had paid this $100,000 fee for 85 visa applications, according to court documents.

The fee faces challenges from the U.S. Chamber of Commerce, Democratic-led states, and a coalition of labor unions and businesses. These groups may adjust their objections once the rule is finalized.

The Trump administration also proposed intensified vetting for H-1B applicants and a new visa selection process favoring higher-skilled and better-paid workers. Additionally, it has added fees up to $4,500 for extending H-1B validities or transferring foreign employees to the U.S.