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Second Judge Blocks Trump's $100,000 H-1B Visa Fee, Citing Improper Rule-Making
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CNBC TV18•01-10-2026, 08:34
Second Judge Blocks Trump's $100,000 H-1B Visa Fee, Citing Improper Rule-Making
- •A second federal judge, US District Judge Haywood Gilliam, blocked President Trump's $100,000 fee for new H-1B visas for highly skilled foreign workers.
- •Judge Gilliam ruled that US Citizenship and Immigration Services and the State Department failed to follow necessary rule-making processes before implementing the fee.
- •The ruling grants a request from a coalition of unions, employers, and nonprofits to block the fee pending the outcome of their lawsuit.
- •This follows a temporary block in June by a federal judge in Boston in a separate case, a decision an appeals court declined to pause.
- •The H-1B program allows US employers to hire foreign workers in specialty fields, with technology companies heavily relying on these visas.
Key Questions Answered
US District Judge Haywood Gilliam ruled that US Citizenship and Immigration Services and the State Department failed to follow necessary rule-making processes before implementing the fee.
In June, a federal judge in Boston struck down the $100,000 fee in a separate case brought by 20 states, ruling that it constituted an unlawful tax never authorized by Congress, and a Boston-based appeals court subsequently declined to pause that decision.
The H-1B program provides 65,000 visas annually, with an additional 20,000 allocated for workers holding advanced degrees, which are approved to last from three to six years for foreign workers trained in specialty fields.
