Trump Extends $100,000 H-1B Fee For Another Year, But Court Block Remains In Force

US President Donald Trump has extended an order imposing a $100,000 fee on certain H-1B nonimmigrant visa applications for another year, keeping the measure in place amid legal challenges and his push to make the higher charge permanent. The order, first issued in September last year, was due to expire this month.

The H-1B programme allows US employers to recruit skilled foreign workers for several years, particularly in technology and other specialised sectors. The fee was previously between $2,000 and $5,000. Trump has repeatedly criticised the programme as part of his broader immigration crackdown and is seeking to make the steep increase permanent.

The administration’s move is being challenged in court. A federal judge in June ruled that the fee was unlawful and blocked the government from collecting it. The ruling is under review by a Boston based appeals court. A separate court is also considering whether a judge was right to reject a challenge filed by the US Chamber of Commerce, the country’s largest business lobbying organisation.

Trump’s original order excluded foreign nationals already in the US on student visas, a group that accounts for a large share of new H-1B recipients. It also did not apply to visa renewals.

The H-1B system has long divided businesses and critics. Opponents argue that some companies use the programme to hire foreign workers at lower wages instead of employing Americans. Business groups and companies counter that it is essential for attracting highly skilled professionals and addressing shortages in industries where qualified workers are difficult to find.

Established by Congress in 1990, H-1B visas are particularly important to technology companies recruiting talent from India and China.

Changes in visa scrutiny and processing have already affected corporate hiring and expansion plans. Some major H-1B users, including Alphabet, Google’s parent company, have expanded operations in India.

The extension preserves the administration's $100,000 H-1B fee policy until September 2027, but the government remains barred from collecting the charge under an existing federal court order. An appeals court refused to suspend that order in July, leaving the fee unenforceable while the administration's appeal continues. The extension would allow the government to resume implementation if the legal restrictions are subsequently lifted.