A second federal judge has blocked the $100,000 fee imposed on new H-1B visas, adding another court ruling to an ongoing legal fight over the cost and authority behind the policy.
The legal fight over the cost of H-1B visas has taken another turn in the United States. A federal judge in Oakland, California, has blocked the government from implementing the $100,000 fee on new H-1B visas while a lawsuit challenging the fee moves forward.
The ruling is the second federal court decision to block the fee. It does not end the broader dispute, however. Other litigation remains active, and the Department of Homeland Security has separately proposed a new fee for certain H-1B petitions.
The latest ruling keeps the $100,000 charge from being implemented in the case before the Oakland court while the legal challenge continues. It does not settle every issue surrounding H-1B fees or determine the final structure of the program.
What happened with the $100,000 H-1B fee?
U.S. District Judge Haywood Gilliam in Oakland ruled that U.S. Citizenship and Immigration Services and the State Department had not followed the required rule-making procedures before putting the fee into effect.
The lawsuit was brought by a coalition that includes unions, employers and nonprofit organizations. The court's order prevents the agencies from implementing the fee while the case proceeds.
The development follows an earlier ruling from a federal judge in Boston. That separate case also challenged the government's authority to impose the charge, creating a second federal court action involving the same $100,000 payment.
Applies to the H-1B policy at the center of the litigation.
A federal judge blocked implementation while the case continues.
The latest ruling does not end the wider legal dispute.
Why the H-1B program matters
The H-1B program allows U.S. employers to hire foreign workers for specialty occupations. The program is widely used in fields that require specialized education or technical expertise, including parts of the technology industry.
The standard H-1B cap provides 65,000 visas each year, with an additional 20,000 available for qualifying workers with advanced U.S. degrees.
That makes changes to the cost of the program important to employers planning international hiring as well as workers seeking qualifying positions in the United States.
The lawsuits also raise questions about the legal process and authority used to create and enforce the payment requirement.
What does the latest court order actually do?
The latest order prevents the agencies involved from implementing the $100,000 fee while the Oakland case proceeds. It is therefore important to distinguish the court's temporary relief from a final resolution of the policy.
The ruling does not mean that every H-1B fee has disappeared. Existing filing costs and other immigration-related charges remain separate from the disputed payment.
Blocked in the latest federal case while litigation continues.
A separate federal case had already challenged the fee.
DHS has separately proposed a $103,265 fee for certain H-1B cap-subject petitions.
A separate $103,265 proposal is also in the picture
The latest court ruling should not be confused with a separate Department of Homeland Security proposal published in 2026.
That proposal would establish a $103,265 fee for H-1B cap-subject petitions, including petitions eligible for the advanced-degree exemption. It is a separate regulatory proposal rather than simply a replacement name for the $100,000 payment involved in the current litigation.
That distinction matters because the legal status of one payment does not automatically determine the future of every H-1B fee proposal.
$100,000 payment
The payment is being challenged in federal court, with the latest Oakland ruling blocking implementation while the case continues.
$103,265 proposed fee
DHS has separately proposed a fee for H-1B cap-subject petitions through the federal rule-making process.
What employers and applicants should watch next
The immediate focus will be on the ongoing court proceedings and how the government responds to the latest ruling.
Employers should also distinguish between the court-blocked $100,000 payment and separate H-1B fees or proposals. The legal status of the disputed payment can change as appeals and additional court proceedings move forward.
For prospective applicants, the most important question is not simply whether a headline says the fee has been blocked. The practical rules can depend on the type of petition, the applicant's circumstances, and the government's current implementation guidance.
The payment requirement became the subject of multiple legal challenges.
A separate federal case blocked the fee earlier in 2026.
A second federal judge blocked implementation in the latest case.
The broader legal dispute continues, while a separate DHS fee proposal remains relevant.
What this means for the H-1B debate
The latest ruling adds another layer to an already complicated dispute over how the United States sets immigration fees and how federal agencies must create those rules.
For now, the clearest takeaway is that the $100,000 payment remains tied up in litigation. The latest decision changes its immediate enforcement status, but it does not provide a final answer on the long-term future of the payment or other proposed H-1B fee changes.
The latest federal ruling blocks the $100,000 H-1B payment in the Oakland case while litigation continues. A separate DHS proposal for a $103,265 H-1B fee means the broader question of future program costs is still open.
Frequently asked questions
Is the $100,000 H-1B fee currently being enforced?
The latest Oakland federal court order blocks the agencies from implementing the fee while that case proceeds. The wider legal dispute remains ongoing.
Is this the first court challenge to the fee?
No. A separate federal case in Boston had already challenged and blocked the fee. The Oakland ruling is another federal court action involving the payment.
Is the $103,265 fee the same as the $100,000 fee?
No. DHS has separately proposed a $103,265 fee for certain H-1B cap-subject petitions. It is a separate regulatory proposal.
Does the latest ruling end the H-1B fee dispute?
No. The litigation continues, and the latest order addresses implementation while the case proceeds.
Sources and background
Reporting and primary-document background used for this article includes Reuters reporting on the latest federal ruling and U.S. Department of Homeland Security regulatory material concerning the separate proposed H-1B fee.
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