The RecordExhibit 49
A $100,000 fee on new H-1B visas
Mixed rulings means: Courts have ruled both ways on parts of it.
By proclamation, Trump raised the cost of a new H-1B visa for skilled foreign workers from roughly $2,000 to $5,000 up to $100,000, then extended it for another year.
What happened
About 70 employers had paid the fee on 85 applications by late February. The administration has also proposed writing the fee into federal rules and ordered enhanced vetting of H-1B applicants.
Where it stands
Judge Leo Sorokin ruled in June 2026 that the fee is an unlawful tax only Congress can impose, citing the Supreme Court's tariff decision, and an appeals court refused to reinstate it. On Sept. 30, 2026, a second judge blocked it. One judge, Beryl Howell, upheld it in a business group's case, which is on appeal.
The administration's side
Trump says the program was exploited to replace American workers with cheaper foreign labor, and the White House says he has clear authority to restrict which foreigners enter the country.
Sources
Permanent link: https://unredactedrecord.com/e/h1b/