The Trump Administration’s policy to require a $100,000 fee for certain new H-1B visa petitions is unlawful and exceeded the authority of the executive branch of the federal government, according to a recent ruling by U.S. District Judge Leo Sorokin who struck down the policy and blocked its enforcement.

The lawsuit challenging the fee was led by the state of California.

As part of the ruling, Sorokin invalidated agency memoranda, guidance documents, website instructions, FAQs and fee schedules that established and enforced the $100,000 H-1B visa fee, according to a report by Fox News.

The ruling can be appealed, but the decision puts the $100,000 fee on ice. Announced in September 2025, the administration said it would restrict the entry of certain H-1B non-immigrant worker visas and slap a $100,000 fee on top of the petition to accompany or supplement H-1B petitions for new applications.

The restriction applied only to new entrants and included provisions for national interest exemptions at the secretary of Homeland Security’s discretion.

In later guidance, the administration explained the criteria for an exemption from the $100,000 fee. These included that a petitioner show the foreign worker presence in this country is in the national interest, no U.S. worker is available, the foreign worker is not a security threat, and requiring the payment would harm U.S. interests.  

Comments or questions? Contact Patrick Connole at pconnole@parkplacelive.com.