At a tense hearing in Washington, D.C., U.S. District Judge Beryl Howell signaled she may uphold former President Trump’s unprecedented $100,000 fee on new H-1B petitions, telling lawyers for the U.S. Chamber of Commerce that Congress gave presidents “extremely broad” power to bar or condition entry of non-citizens. A written ruling could come as early as January.
The fee—effective for petitions post-marked September 21—has already shocked employers. Filing an initial H-1B now costs more than $106,000 when combined with existing fraud-prevention, ACWIA, and legal fees, putting the program out of reach for startups and universities. The surcharge does not apply to extensions or transfers, but companies reliant on continuous fresh talent worry about long-term pipeline erosion.
Plaintiffs argue that INA §286(m) allows DHS to set fees only to cover adjudication costs and that the surcharge is “a revenue grab and a de-facto ban,” particularly given Trump’s public statements that he wants to “shrink H-1Bs by at least half.” DOJ lawyers counter that the president’s §212(f) authority lets him impose any conditions short of a total ban.
![Federal judge appears wary of bid to block Trump’s $100k H-1B surcharge]()
For employers grappling with these shifting requirements, VisaHQ can help lighten the administrative load by managing related visa and travel documentation so HR teams can stay focused on strategic workforce planning. Their U.S. platform—https://www.visahq.com/united-states/—offers fast eligibility checks, curated checklists, and real-time status updates, making it easier to explore backup options like L-1, O-1, or TN categories when H-1B costs become prohibitive.
Should the rule survive, immigration budgets will need radical revision. Large consulting firms are exploring L-1 assignments to circumvent the new cost, while biotech startups are leaning on the O-1 category or near-shoring labs to Canada. Universities fear they will lose post-doc researchers to Europe and Australia, exacerbating STEM shortages.
Mobility teams should model worst-case scenarios: for fiscal-year 2028, the H-1B cap season could require $10 million+ in upfront filing fees for a Fortune 500 tech employer. Contingency plans might include focusing on adjustment-of-status filings for existing F-1 OPT talent and lobbying for legislative relief.
The fee—effective for petitions post-marked September 21—has already shocked employers. Filing an initial H-1B now costs more than $106,000 when combined with existing fraud-prevention, ACWIA, and legal fees, putting the program out of reach for startups and universities. The surcharge does not apply to extensions or transfers, but companies reliant on continuous fresh talent worry about long-term pipeline erosion.
Plaintiffs argue that INA §286(m) allows DHS to set fees only to cover adjudication costs and that the surcharge is “a revenue grab and a de-facto ban,” particularly given Trump’s public statements that he wants to “shrink H-1Bs by at least half.” DOJ lawyers counter that the president’s §212(f) authority lets him impose any conditions short of a total ban.
For employers grappling with these shifting requirements, VisaHQ can help lighten the administrative load by managing related visa and travel documentation so HR teams can stay focused on strategic workforce planning. Their U.S. platform—https://www.visahq.com/united-states/—offers fast eligibility checks, curated checklists, and real-time status updates, making it easier to explore backup options like L-1, O-1, or TN categories when H-1B costs become prohibitive.
Should the rule survive, immigration budgets will need radical revision. Large consulting firms are exploring L-1 assignments to circumvent the new cost, while biotech startups are leaning on the O-1 category or near-shoring labs to Canada. Universities fear they will lose post-doc researchers to Europe and Australia, exacerbating STEM shortages.
Mobility teams should model worst-case scenarios: for fiscal-year 2028, the H-1B cap season could require $10 million+ in upfront filing fees for a Fortune 500 tech employer. Contingency plans might include focusing on adjustment-of-status filings for existing F-1 OPT talent and lobbying for legislative relief.
