Judge Gives Green Light to $100,000 Fee for H-1B Visa
A federal judge authorized a $100,000 fee on the H-1B visa, a decision that could have major implications for employers.
Posted on 26/12/2025 at 17:57
- Judge Approves Historic H-1B Visa Fee
- Trump Tightens Work Visa Rules
- Impact on the Technology Sector
A US federal judge authorized the administration of President Donald Trump on Tuesday to impose a $100,000 fee on a type of work visa considered critical to the technology sector.
The measure applies to H-1B visas, which are used by foreign workers with specialized qualifications to work in the United States.
The judicial ruling clears the way for the government to implement a policy that had faced strong criticism since it was announced.
In a 56-page opinion, US District Judge Beryl Howell concluded that Trump, in his capacity as president, has “broad legal authority” to adopt the measure.
Historic Fee Approved for Technology-Related H-1B Visas
➡️ H-1B Visas: A federal judge upholds Trump’s $100,000 fee, and the government moves forward with reforming the visa allocation system.
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— Univision Noticias (@UniNoticias) December 24, 2025
The judge noted that the president acted to address what he views as an issue of economic security and national security.
According to the ruling, the presidential decision and its implementation comply with existing law.
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Howell stated that the policy “withstands the plaintiffs’ challenges,” thereby rejecting the arguments presented against it.
However, the judge acknowledged that the fee could have negative consequences for various sectors.
In particular, she warned that the measure could “inflict significant harm on US businesses and institutions of higher education.”
How Was the Fee Implemented?

President Trump announced the $100,000 fee in September as part of changes to the H-1B visa program.
These visas allow professionals such as scientists, engineers, and computer programmers to work in the United States.
When the measure was announced, companies were given only 36 hours’ notice before it went into effect.
That short timeline caused chaos and confusion regarding how the fee would operate and who would be affected.
Initial concerns focused on both administrative procedures and the immediate impact on employers.
The lack of time to adapt intensified criticism and legal challenges to the decision.
Trump’s Immigration Context
The fee is part of a broader immigration crackdown promoted by Trump since his return to the White House.
The president has launched a sweeping campaign against immigration across multiple areas of federal policy.
Until now, the H-1B visa had not been a central target of that strategy, despite its importance to Silicon Valley.
Trump has argued that the H-1B visa system is being abused.
According to the president, these visas are used to replace US workers with foreign labor willing to work for lower wages.
The court’s decision reinforces the Executive Branch’s ability to move forward with this approach to immigration and labor policy, further cementing the H-1B visa $100,000 fee as a defining element of the administration’s agenda.
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