A U.S. federal judge has ruled that the Trump administration can continue with a $100,000 fee for new H-1B visa applications. This decision allows a major change to the U.S. work visa system to stay in place for now, despite criticism and legal challenges.
What Is the New H-1B Visa Fee?
Under changes made in September 2025, the U.S. government introduced a rule that requires a one-time $100,000 fee when employers apply for a new H-1B visa for a foreign worker. Before this change, the cost to file an H-1B petition was usually around a few thousand dollars.
The H-1B visa is a special work visa used by U.S. companies to hire skilled foreign professionals in fields like technology, engineering, science, and medicine. The visa is very important for global talent to work in the U.S.
Judge Says Fee Can Stay
On December 24, 2025, a federal judge ruled that the Trump administration can continue with the $100,000 H-1B fee. The judge said the government has the authority to make this change, even though the fee is much higher than before.
Business groups, including the U.S. Chamber of Commerce, had challenged the fee in court. They argued that the president did not have the power to impose such a large fee and that it would hurt U.S. companies by making it too expensive to hire foreign talent.
Despite these objections, the judge rejected the challenge and allowed the fee to stay in effect. The Chamber of Commerce said it may continue to appeal the decision.
Why This Matters
The high $100,000 fee is unusual because most immigration application fees are much lower. Critics say this could make it too expensive for companies to hire foreign workers, especially smaller firms or those in fields that rely on top global talent.
Supporters of the fee say it could encourage companies to hire more U.S. workers and protect American jobs, which was one goal of the Trump administration’s immigration policy. However, many technology firms and industry groups are worried about the long-term impact on innovation and competitiveness.
Wider Changes to H-1B Rules
The decision on the fees comes as the U.S. government is also making other changes to the H-1B visa system. Earlier this week, the Trump administration announced it is ending the old lottery system that randomly selected visa applicants when demand was high. Instead, the new system will prioritise workers with higher wages and skills.
This shift is meant to favour highly skilled workers, but critics say it may make the visa process tougher for some applicants and employers. Industry groups have warned that this could increase complexity and uncertainty for companies hiring talent from abroad.
What Happens Next
Although the court has upheld the fee for now, the legal fight is not over. Several lawsuits are still underway, and business groups may continue their challenge in higher courts. If successful, future rulings could change or block parts of the new policy.
For foreign workers and employers, this means uncertainty in the near future. Companies may need to prepare for higher costs and a more complex visa process, while workers hoping to move to the U.S. on H-1B visas face a changing immigration landscape.