California Judge Blocks Enforcement of $100,000 H-1B Fee

A federal judge in California on September 30 temporarily barred federal agencies from enforcing policies implementing the $100,000 fee on certain H-1B visa petitions, ruling that the agencies had not followed required rulemaking procedures. The order applies while a legal challenge brought by employers, unions, nonprofits and other organizations proceeds; it does not finally determine whether the fee is lawful. U.S. District Judge Haywood Gilliam granted the coalition’s request to block enforcement by U.S. Citizenship and Immigration Services and the State Department. The order concerns agency policies used to implement the charge, not a final resolution of the underlying dispute over the administration’s authority. One account of the order said the agencies must complete formal notice-and-comment rulemaking before applying those policies. The fee, introduced by President Donald Trump in September 2025, applies to certain new H-1B petitions and has mainly affected employers bringing workers from abroad. Trump extended the requirement in September 2026 for another year, through September 21, 2027.