What happened to the $100,000 H-1B visa fee and the legal rebuke that followed

What happened to the $100,000 H-1B visa fee and the legal rebuke that followed

In September 2025, US government raised the fee for H-1B work visas to $100,000, saying it would protect American workers from losing their jobs to lower-paid foreign workers on this temporary work visa. The previous application fee was $215 to enter the visa lottery, plus additional processing charges. The higher fee became effective around 24 hours after the announcement.

What happened in court Monday?
U.S. District Court Judge Leo Sorokin in Boston ruled that the fee violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations. The ruling voided “in its entirety” a policy from September requiring companies to pay $100,000 fees for H-1B visa petitions. “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin wrote.

His ruling contradicted an earlier federal court ruling — in a separate legal challenge to the H-1B fee brought by the U.S. Chamber of Commerce — that upheld the charge and kept it in effect until it is scheduled to expire in September.

Yet another lawsuit has also been filed in federal court in San Francisco by religious groups and labor organizations, setting up the possibility of divided rulings in three appellate court circuits.

The ruling on Monday came just days after another federal judge similarly voided a policy in which the administration had directed U.S. Citizenship and Immigration Services to freeze applications for work permits and other immigration benefits.

*** Kennedy Access Group is not an attorney licensed to practice law and may not give legal advice or accept fees for legal advice.***
*** Disclaimer: The information provided on this blog is for general informational and educational purposes only. It is not intended to constitute legal advice and should not be relied upon as such. Reading this post does not create an attorney-client relationship. If you need legal advice, please consult a licensed attorney in your jurisdiction."***