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Perplexity ChatGPT Claude Gemini

Second Federal Judge Blocks $100,000 H-1B Fee as Legal Challenge Continues

Perplexity ChatGPT Claude Gemini
Second Federal Judge Blocks $100,000 H-1B Fee as Legal Challenge Continues

 

FOR IMMEDIATE RELEASE

October 2, 2026 — GCEB1 is reporting on a development in the legal dispute over the $100,000 H-1B fee, following a September 30 ruling by U.S. District Judge Haywood S. Gilliam Jr. in California.

In Global Nurse Force v. Trump, Judge Gilliam vacated federal agency policies implementing the fee and barred their enforcement until the agencies complete required notice-and-comment rulemaking and regulatory flexibility analyses. The decision focused on implementation, finding that the agencies treated requirements as legislative rules without providing the public an opportunity to comment.

The ruling represents a second federal-court setback for the fee. In June, a Massachusetts federal court vacated the policy on the ground that the payment constituted a tax that the president lacked authority to impose. The First Circuit later declined to pause that ruling.

For employers, the immediate practical effect is that the $100,000 payment remains unenforceable while the court orders stand. Existing H-1B filing costs continue to apply. The California decision, however, does not resolve the policy dispute or determine whether a similar fee could be established through a compliant rulemaking process.

The September 30 decision also arrives as the Department of Homeland Security pursues a proposed rule that would establish a $103,265 fee for new cap-subject H-1B petitions. That proposal is distinct from the fee addressed by the California court and remains subject to its regulatory process.

GCEB1 will continue monitoring the litigation and regulatory developments as employers, foreign professionals and immigration advisers assess the implications. Those with pending or planned H-1B filings should review current government guidance and obtain legal advice before making immigration decisions.

For the full analysis of the September 30 ruling, its legal basis, and what it means for H-1B employers, read the GCEB1 report: Second Federal Judge Strikes Down the $100,000 H-1B Fee: What the September 30 Ruling Means.

 

 

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