Federal Judge Rules Against $100K H-1B Visa Fee

June 11, 2026

A federal judge on June 8 nixed the Trump administration's $100,000 price tag on new H-1B visas, saying the fee is a tax and that only Congress can create new taxes. 

H-1B visas allow employers to hire non-immigrant foreign workers in specialty occupations who meet specific criteria, to work in the U.S.    

Last September, the Trump Administration issued an Executive Order that increases the H-1B visa fee to $100,000. Previously, employers paid between $2,000 and $5,000 for each visa, and the fee was dependent on several factors such as company size.  

"This action by the administration is very alarming given the many physicians and other healthcare workers who have H-1B visas allowing them to fill essential healthcare roles, particularly in rural and underserved areas," said MMA Immediate Past President Edwin Bogonko, MD, MBA. “The fee increase, if allowed, could really hurt patients’ access to healthcare.”  

"At a time when communities across the country face physician shortages and growing barriers to care, we should be removing obstacles — not creating new ones — to attract talented physicians and other highly skilled professionals," Bobby Mukkamala, MD, AMA president told NPR. "International medical graduates play a vital role in caring for patients, particularly in underserved and rural areas." 

The White House is expected to appeal the ruling.