06/09/2026
A federal judge has ruled that a controversial $100,000 fee on certain new H-1B visa petitions is unlawful, finding that the charge functioned as a tax rather than a legitimate immigration-related penalty.
According to Rose Law Group Immigration Law Department Chair Darius Amiri, the court determined that because the Constitution gives Congress, not the President, the authority to impose taxes, the administration lacked the legal authority to create the fee through executive action alone.
Although the federal government is expected to appeal the decision, employers considering hiring foreign talent may proceed without the additional $100,000 fee while the ruling remains in effect. Before the policy, government filing fees for H-1B petitions generally ranged from approximately $2,000 to $5,000.
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By Darius Amiri | Rose Law Group Reporter In a significant development for U.S. employers and foreign national skilled workers, a federal judge has ruled that the Trump Administration’s $100,000 fee on certain new H-1B visa petitions is unlawful. The fee, announced in September 2025, dramatically ...