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Published: Sat, Oct 10, 2026·1 min read

Second Federal Judge Blocks Trump's $100,000 H-1B Visa Fee

⚡Executive Briefing & Staffing Impact
via lawcommentary.com

The big picture: A second federal judge has blocked the Trump administration's $100,000 fee on new H-1B visas, ruling that immigration officials bypassed required rulemaking procedures.

Why it matters: This ruling provides temporary relief for employers relying on H-1B visas, particularly in tech and healthcare, by preventing a significant increase in hiring costs.

Between the lines:

  • U.S. District Judge Haywood S. Gilliam Jr. found agencies failed to follow the Administrative Procedure Act's notice-and-comment process.
  • This follows a similar ruling in Massachusetts, with both decisions preventing the fee's implementation.
  • The Department of Homeland Security has since proposed a permanent H-1B fee through formal rulemaking, which has not yet taken effect.

Staffing & HR impact: Staffing firms and HR departments will avoid immediate, substantial cost increases for international talent acquisition, preserving gross margins and recruiter mobility. The ongoing legal challenges highlight the volatility of immigration policies impacting workforce planning.

The bottom line: The legal battle over H-1B visa fees continues, with a new, formally proposed fee still on the horizon.

🏢Entities Mentioned
U.S. Citizenship and Immigration ServicesState DepartmentGlobal Nurse ForceDepartment of Homeland Security
🔗Verified Source
lawcommentary.com
Original Dispatch
Published: Sat, Oct 10, 2026
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Second Federal Judge Blocks Trump's $100,000 H-1B Visa Fee — The Wire