Second Federal Court Blocks $100,000 H-1B Fee; Immigration Costs Remain in Flux
A California federal judge has blocked the Trump administration's $100,000 H-1B fee for the second time, finding agencies failed to follow proper rulemaking. Meanwhile, USCIS raises other visa fees effective November 30.
U.S. employment-based visa applicants received mixed news this week as federal courts continue to block a controversial fee increase, while other immigration filing costs are set to rise significantly.
H-1B Fee Block
A federal judge in California has blocked the Trump administration's $100,000 fee on certain new H-1B petitions, marking the second court ruling against the policy. Judge Haywood S. Gilliam Jr. found that immigration agencies failed to follow required rulemaking procedures. The fee remains blocked for now, although the administration is continuing to defend the policy in court.
Other Fee Changes Coming
USCIS is significantly raising fees for the EB-5 immigrant investor program starting November 30. The filing fee for Form I-526E, used by regional center investors, will more than double from $3,675 to $7,850, while the fee for standalone investors filing Form I-526 will rise from $3,675 to $7,615. Additionally, asylum application fees will increase from $102 to $105, and immigration parole fees from $1,020 to $1,050.
What This Means for You
If you're pursuing an H-1B visa, you're currently protected from the $100,000 fee, though the administration may continue litigation. If you're considering an EB-5 investor visa, filing before November 30 will lock in the current fee structure—the November increase represents a significant cost. For other employment visa categories, monitor USCIS announcements for additional fee changes in coming months.
Sources
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