U.S. Judge Blocks Ksh13 million H-1B Visa Fee in Fresh Blow to Trump Administration

A U.S. federal judge has blocked the Trump administration from enforcing a $100,000 (about Ksh13 million) fee on new H-1B visa petitions, providing temporary relief to American employers seeking to hire highly skilled foreign workers, including professionals from Kenya.

The ruling is the second federal court decision to halt the controversial fee, which was introduced by the Trump administration in September 2025 and drew criticism from employers, immigrant advocates and several U.S. states.

According to Reuters, the court found that U.S. Citizenship and Immigration Services (USCIS) and the U.S. State Department had failed to follow required rule-making procedures when introducing the charge.

The latest ruling does not permanently eliminate the fee but prevents it from being enforced while the underlying legal dispute continues.

Second court challenge

The $100,000 charge had previously been blocked in June in a separate case brought by a group of 20 U.S. states.

The new decision adds to the legal uncertainty surrounding the administration’s attempt to substantially increase the cost of hiring foreign professionals through the H-1B programme.

The H-1B system allows U.S. employers to employ foreign workers in specialised occupations, including fields such as technology, engineering, medicine and other highly skilled professions.

The programme is subject to an annual cap of 65,000 visas, with an additional 20,000 places available for foreign workers holding qualifying advanced degrees from U.S. institutions.

H-1B visas can generally allow eligible workers to remain in the United States for several years, subject to immigration rules and extensions.

What the ruling means for Kenyans

The court decision could ease immediate concerns among Kenyan professionals hoping to secure new employment opportunities in the United States through the H-1B system.

Before the $100,000 charge was introduced, H-1B-related government fees paid by employers generally ran into thousands of dollars, rather than tens of thousands. The exact amount varies according to factors including the petition and employer.

The administration’s $100,000 payment represented a dramatic increase in the potential cost of sponsoring a new foreign worker.

The White House previously clarified that the fee introduced in September 2025 was a one-time payment applying to new H-1B petitions.

It said the charge did not apply to people who already held valid H-1B visas or to existing H-1B visa holders seeking renewals.

That clarification meant Kenyan nationals already working in the United States under valid H-1B visas were not required to pay the new charge simply because they were renewing their status. The administration also said the rule did not automatically affect valid H-1B holders who were outside the United States.

Separate $103,000 proposal

The legal battle over the original fee is also unfolding alongside a separate proposal by the Department of Homeland Security to establish a permanent H-1B-related charge of approximately $103,000.

That proposal raises different legal questions and could therefore face its own challenges even if the current court injunction remains in place.

The distinction is significant because the latest ruling concerns the legal authority and procedures surrounding the existing $100,000 charge, rather than automatically determining the validity of any future fee introduced through a separate rule-making process.

Trump administration tightens H-1B rules

The fee dispute forms part of a broader effort by the Trump administration to change the H-1B programme.

The administration has pursued enhanced vetting and proposed changes to the visa-selection system that would give greater weight to higher-skilled and higher-paid workers.

For foreign professionals, such changes could affect both the cost and competitiveness of obtaining an H-1B visa.

The H-1B programme has traditionally been an important route for U.S. employers seeking specialised foreign talent, particularly where employers argue that they require workers with particular technical or professional skills.

For Kenyan applicants, however, the final impact of the administration’s policies will depend on the outcome of the ongoing court cases and the implementation of any separate rules that survive legal challenges.

The latest ruling therefore provides immediate legal relief from the $100,000 charge, but it does not settle the wider dispute over the Trump administration’s proposed changes to the H-1B programme.

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