Washington, October 1, 2026 (Yes Punjab News)
A second US federal judge has blocked the Trump administration from enforcing its $100,000 fee on certain H-1B visa petitions, ruling that federal agencies did not follow the required rulemaking procedures while implementing the measure.
US District Judge Haywood S. Gilliam Jr. of the Northern District of California issued the order in the case Global Nurse Force et al. v. Trump et al., brought by a coalition comprising healthcare providers, educational institutions, manufacturing companies, labour organisations and individual workers.
The ruling prevents federal immigration agencies from enforcing or implementing policies arising from President Donald Trump’s September 2025 proclamation imposing the payment and its September 2026 extension while the agencies comply with requirements under the Administrative Procedure Act.
The court found that the plaintiffs were likely to succeed in their claim that the agencies violated federal administrative law by implementing the fee without undergoing the required notice-and-comment rulemaking process.
The $100,000 payment was introduced through a presidential proclamation issued on September 19, 2025, and was extended by Trump last month.
The development is significant for Indian professionals because India has the largest share of approved H-1B beneficiaries. According to US Citizenship and Immigration Services (USCIS) data for fiscal year 2024, beneficiaries born in India accounted for 283,755, or 71 per cent, of all approved H-1B petitions. China was second with 11.7 per cent.
The South Asian American Justice Collaborative, one of the organisations involved in the legal challenge, said Indian nationals had been particularly affected by the fee.
“Indian nationals bore a disproportionate share of the harm from this USD 100,000 fee,” said Kalpana V. Peddibhotla, executive director of the organisation, adding that the measure had affected employment opportunities and families while creating difficulties for employers seeking workers.
The Trump administration has argued that restrictions on the H-1B programme are intended to protect American workers and prevent misuse of the visa system.
The plaintiffs challenged both the administration’s authority to impose the payment and the procedure followed by federal agencies to implement it.
Wednesday’s ruling follows an earlier federal court decision in Massachusetts. In June, US District Judge Leo Sorokin ruled in a separate case brought by 20 states that policies implementing the $100,000 payment violated federal law. The government appealed the decision.
On July 24, the US Court of Appeals for the First Circuit rejected the administration’s request to stay the Massachusetts ruling while the appeal proceeds. The appeals court said the district court had vacated actions taken by the Department of Homeland Security and Department of State to implement the presidential proclamation.
The H-1B programme allows US employers to temporarily hire foreign workers in specialty occupations, generally requiring specialised knowledge and at least a bachelor’s degree. The programme is widely used in technology, engineering, healthcare, research and other professional sectors.
Federal law generally provides for 65,000 new H-1B visas annually, along with an additional 20,000 slots for eligible applicants with advanced degrees from US institutions.
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