Legal Relief for Foreign Professionals as US Court Halts $100,000 H-1B Visa Charge

A US federal court has blocked the Trump administration from enforcing a $100,000 fee on new H-1B visa applications, providing temporary relief to foreign professionals, including Kenyans seeking employment in the United States.

The ruling makes the court the second to intervene against the fee, finding that US authorities did not follow the required regulatory procedures before introducing the charge. It follows an earlier injunction in June in a separate case brought by a coalition of 20 states.

The case concerns actions by US Citizenship and Immigration Services (USCIS) and the State Department. The court found that both agencies had bypassed established rule-making requirements when implementing the fee.

The ruling means the $100,000 charge cannot be enforced while the legal challenges continue through the courts. The decision is significant for foreign professionals seeking employment in the United States, including Kenyans working or pursuing careers in technology, healthcare, engineering and finance. 

Employers had warned that the six-figure cost could discourage companies from sponsoring overseas workers, particularly for positions commonly filled through the H-1B programme.

The proposed fee would have represented a major increase from previous H-1B visa-related charges. 

Employers have traditionally paid fees generally ranging from about $2,000 to $5,000, depending on the circumstances of an application. A $100,000 charge would substantially increase the cost of hiring foreign professionals.

The H-1B programme is one of the main routes through which highly qualified foreign workers take up employment in the United States. The programme provides 65,000 visas each year under the regular allocation, with another 20,000 available to applicants with advanced degrees. Successful applicants can generally work in the United States for periods of up to three to six years.

The Trump administration announced the $100,000 fee in September 2025 and said it would apply only to new H-1B petitions. Existing H-1B holders, including those temporarily outside the United States, would not be affected. The fee would also not apply to routine renewals.

However, the latest ruling does not resolve the wider dispute over the cost of H-1B visas. The Department of Homeland Security has separately proposed a permanent fee of about $103,000 under a different legal framework. That proposal could face separate legal challenges.

Employers and prospective applicants therefore remain uncertain about the long-term cost of employment-based immigration in the United States. The legal dispute comes as the Trump administration pursues wider changes to the H-1B system, including stricter screening requirements and proposals to give greater weight to highly skilled workers and higher-paid positions.

The administration has argued that the measures would protect US workers and encourage employers to recruit highly skilled talent. Critics have argued that higher costs and tighter requirements could make the United States less accessible to international professionals.