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United States: California Federal Court Issues Preliminary Injunction Against the $100,000 H-1B Fee

October 1, 2026

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  • United StatesUnited States

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At a glance

  • A federal district judge in the Northern District of California has temporarily blocked the Department of Homeland Security (DHS) from enforcing the $100,000 H-1B fee.
  • The ruling is the second to prohibit DHS from collecting the fee while court challenges proceed, following a similar court order issued in June and upheld on appeal in July.

The issue

Judge Haywood Gilliam, Jr., of the Federal District Court in the Northern District of California has issued a preliminary injunction that prohibits the Department of Homeland Security (DHS) from implementing the $100,000 H-1B fee ordered by presidential proclamation in late 2025.

The court determined that the plaintiffs were likely to succeed in their claims that DHS’s guidance on implementation of the fee was arbitrary and capricious and that the agency failed to engage in proper notice-and-comment rulemaking in violation of the Administrative Procedure Act. The case is Global Nurse Force, et al., v. Trump, Case No. 25-cv-08454 (N.D. Cal., filed October 3, 2025).

The ruling is the second to block DHS’s implementation of the fee.  In a separate case, a federal district judge in State of California et al. v Markwayne Mullin, et al., Case No., 1:25-cv-13829 (D. Mass., filed Dec. 12, 2025), vacated the $100,000 fee policy in its entirety, taking the position that the $100,000 fee amounted to a tax, for which the presidential proclamation establishing the fee and USCIS implementation were not a proper exercise of power, and also ruling that the policy violated the Administrative Procedure Act. That court stayed its own ruling temporarily while the government appealed that decision, but a federal court of appeals refused to block the lower court’s ruling. In an earlier case, Chamber of Commerce v. DHS, Case No. 1:25-cv-03675 (D.D.C., filed October 16, 2025), a federal district judge in Washington, D.C., declined to block the fee.

What this means for employers

Though President Trump extended the $100,000 fee by proclamation last month, the fee remains blocked by two separate court orders and should not be enforced by U.S. Citizenship and Immigration Services.  If USCIS takes the position that the new proclamation is outside of the purview of the existing court orders, plaintiffs in the ongoing lawsuits are likely to quickly challenge that view.

Fragomen is closely monitoring the lawsuits and will continue to provide updates as the cases proceed.

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen. 

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  • United StatesUnited States

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