Another U.S. federal court has blocked the Trump administration’s controversial $100,000 H-1B visa fee, creating another major development for U.S. employers and international professionals seeking employment in the United States.
The decision, issued on September 30 by U.S. District Judge Haywood S. Gilliam Jr. in California, prevents federal immigration authorities from enforcing the $100,000 payment while a legal challenge to the policy continues.
For employers recruiting international talent—including health care organizations that rely on foreign-trained professionals—the ruling adds another layer of uncertainty to the future of the H-1B program.
A Second Court Has Blocked the Fee
Judge Gilliam ruled that federal agencies did not properly follow the administrative procedures required before implementing the new fee.
The lawsuit challenges how U.S. Citizenship and Immigration Services (USCIS) and the Department of State implemented President Donald Trump’s September 2025 proclamation requiring a $100,000 payment for many new H-1B workers coming to the United States from abroad.
The court found that the agencies should have followed the notice-and-comment process required under the Administrative Procedure Act before putting their implementation policies into effect.
This is now the second major federal court decision blocking the $100,000 H-1B fee.
Earlier this year, a federal judge in Massachusetts also ruled against the fee in a separate lawsuit brought by 20 states. The administration appealed that decision, but the U.S. Court of Appeals for the First Circuit declined to allow the fee to resume while the appeal continues.
Why This Matters for International Healthcare Recruitment
The H-1B program is an important pathway for U.S. employers seeking highly skilled international professionals.
Although the program is particularly well known in the technology sector, H-1B visas can also be used in specialized positions across health care, engineering, research, education and other professional fields, provided the position and worker meet the program’s requirements.
For health care employers, the cost of sponsoring international professionals has become an increasingly important consideration.
A $100,000 additional payment could significantly increase the cost of recruiting qualified professionals from outside the United States. The latest court ruling temporarily removes that additional cost for cases covered by the court’s order, but the broader legal dispute remains unresolved.
What Did the Trump Administration Propose?
The administration introduced the $100,000 payment through a presidential proclamation in September 2025.
The administration argued that the measure was intended to protect U.S. workers and address concerns about misuse of the H-1B program.
Opponents have challenged the policy on both legal and procedural grounds, arguing that the president did not have the authority to impose such a substantial payment without authorization from Congress.
The latest lawsuit includes employers, labor organizations and nonprofit groups. One of the plaintiffs is Global Nurse Force, a California-based company involved in recruiting nurses for U.S. healthcare facilities.
The H-1B Program Remains in Place
The court’s decision does not eliminate the H-1B visa program.
The H-1B program continues to allow qualifying U.S. employers to hire foreign professionals for specialty occupations that generally require specialized knowledge and at least a bachelor’s degree or equivalent qualification.
Each year, the regular H-1B cap provides 65,000 visas, with an additional 20,000 visas available to qualifying individuals who hold advanced degrees from U.S. institutions.
Employers are already responsible for various government filing fees associated with H-1B petitions. The $100,000 payment was an additional requirement imposed on many new H-1B workers entering the United States from abroad.
A Separate H-1B Fee Proposal Is Still Moving Forward
There is another important development employers and international professionals should watch.
The Department of Homeland Security has separately proposed a permanent H-1B fee of approximately $103,000 for certain petitions subject to the annual H-1B cap.
That proposal is different from the $100,000 fee currently being challenged in federal court.
Importantly, the proposed $103,000 fee has not taken effect. DHS introduced that proposal through the formal federal rulemaking process, including an opportunity for the public to submit comments.
A separate lawsuit filed by the U.S. Chamber of Commerce is also moving through the federal courts.
What Happens Next?
For now, the $100,000 H-1B payment remains blocked under the latest federal court decisions while the legal challenges continue.
However, the situation is still developing. Further court decisions, appeals and potential federal regulations could change the requirements for employers sponsoring H-1B workers.
For international professionals considering employment in the United States, the key takeaway is that the H-1B program itself remains available, but the rules and costs surrounding sponsorship are currently subject to ongoing litigation and regulatory changes.
Nexxuz Jobs will continue to monitor developments affecting international healthcare recruitment and U.S. employment opportunities for qualified professionals.
Source
This article was independently rewritten and summarized by Nexxuz Jobs based on reporting from Law Commentary.
Original source: Law Commentary — “Second Federal Judge Blocks Trump’s $100,000 H-1B Visa Fee”
