US President Donald Trump’s immigration crackdown targeting foreign workers has once again hit a snag.
A proclamation he signed in September 2025 sought to raise the price tag attached to the H-1B work visa program, which helps recruit high-skilled international talent to the United States, especially for STEM-related jobs. The previous presidential action required American employers seeking to employ an H-1B worker to pay an additional hefty fee of $100,000 for new H-1B petitions. However, the MAGA leader’s measure has repeatedly faced legal challenges in US courts. A similar decision saw a federal judge, appointed by former President Barack Obama, block the much-contested visa fee on Wednesday (US time).
The $100,000 fee was scheduled to expire on September 21, but just weeks ago the Trump administration extended the executive order imposing the $100,000 fee on the work visa category by another year. Originally, the work visa fee was between $2,000 and $5,000.
Indians particularly rely on the H-1B category to secure American jobs in STEM fields. Official USCIS data has shown Indian nationals securing over 70% of all H-1B approvals in recent years.
Given the administration’s multiple legal setbacks questioning the POTUS’ authority to unilaterally impose the $100,000 fee, the Department of Homeland Security (DHS) also announced a separate proposed fee of over $103,265 in August.
Another judge blocks Trump’s $100K H-1B fee
US District Judge Haywood Gilliam in Oakland, California, ruled Wednesday (US time) that US Citizenship and Immigration Services (USCIS) and the State Department failed to follow necessary rule-making protocol before imposing the $100,000 fee.
On the other hand, Haywood also denied a request to grant class certification to employers already affected by the $100,000 fee, labelling it unnecessary.
“The Court DENIES the related provisional motion to certify the class without prejudice,” the federal judge states in the ruling. “Even assuming the requirements of Rule 23(a) and Rule 23(b)(2) are met, it is not clear to the Court why class certification is necessary under the current circumstances. Certification is not required for the Court to enter the requested preliminary injunction, which it has done.”
This marks the second such district court ruling against Trump’s hefty fee. Back in June, a federal judge in Boston branded the fee an unlawful tax. The fee has remained blocked for the past two months, as an appellate court subsequently also blocked the administration’s request to pause the previous month’s decision.
Another lawsuit challenging the work visa program fee has been filed by the US Chamber of Commerce. The country’s largest business lobbying group is appealing a judge’s decision dismissing its claims that Trump lacked authority to set the fee.
The multiple H-1B fee proposals pushed by the Trump administration are part of the Republican president’s aggressive immigration crackdown. The current US government has especially targeted the H-1B program on repeated occasions by introducing numerous policy overhauls. These have included enhancing screening and vetting of visa applicants.
Yet another subsequent measure saw the administration replacing the H-1B lottery with a new selection process prioritising higher-skilled and higher-paid professionals.
These changes hinge on Trump’s much-iterated argument that US employers are “abusing” the H-1B visa program by replacing American workers with cheaper foreign labour.
Disclaimer: This article is intended for informational purposes only and is based on publicly available immigration guidance. Rules and deadlines are subject to change; readers should verify current requirements directly with USCIS or consult a qualified immigration attorney before making decisions based on this information. Financial Express is not responsible for any decisions made based on this information.