As expected, Trump’s 100,000 dollar fee has sharply reduced H 1B filings. Since September’s proclamation, only about 70 employers have reportedly paid the charge. A government lawyer shared this figure in court earlier this week.
The disclosure came during an ongoing lawsuit challenging the 100K fee on H 1B visas. Plaintiffs referred to a recent US Supreme Court ruling against Trump’s tariffs. They argued that the visa fee is also a revenue measure that goes beyond presidential authority.
In response, US Department of Justice attorney Tiberius Davis stated that only around 70 employers have paid the fee. He suggested that this small number indicates it is not comparable to a broad tax measure. According to the defence, such a limited impact does not require congressional approval.
The plaintiffs include organisations such as Global Nurse Force, along with labour unions and academic groups. They contend that the fee harms small employers and restricts access to specialty occupation visas. They also claim it was introduced without proper rulemaking under the Immigration and Nationality Act.
The matter is currently being heard at the US District Court for the Northern District of California. Proceedings are still underway. Further updates are expected as the legal battle continues.
