Court Overturns Trump's $100,000 H-1B Fee

On June 8, a federal judge declared the $100,000 fee for the H-1B visa unlawful. This fee was introduced in 2025 by the Trump administration along with the ‘golden card’ program—a residency permit for foreigners for one million dollars. In response, many large companies, including Walmart, paused their involvement in the H-1B program.

The court believes that such a fee is a hidden tax. Introducing taxes by presidential executive order without Congressional approval contradicts the US Constitution. Despite the ruling, the White House has announced its intention to appeal and has already filed the necessary paperwork. This creates uncertainty, as the fee could be reinstated if the case is reviewed.

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Bill Introduced in Congress to Rewrite H-1B Rules and End OPT

On June 4, the American White-Collar Worker Jobs Act was introduced in Congress—a bill by Congressman Chip Roy, which has already been supported by several major labor unions. If passed in its current form, the OPT program, which provides a gateway to the US job market for foreign students, will be eliminated. Foreign graduates of American universities will lose the legal right to work after graduation.

H-1B status holders also face significant changes:

• Elimination of ‘dual intent’ for H-1B.
  ‍Currently, H-1B holders can apply for a green card without losing their visa status. After the law is passed, it will be considered strictly a temporary work visa.
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• Requirement for a residence outside the US.
  Applicants for H-1B will have to prove they have a permanent residence outside the US and intend to return there. This adds a formal requirement for applicants to demonstrate ties to their home country.
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• Reduction of the maximum H-1B term.
  ‍Currently, the limit is three years, with the option for a three-year extension. The new version proposes reducing this to a two-year limit.
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• Quotas are allocated based on salary level.
  ‍This change will prioritize candidates with the highest salary offers, fundamentally altering the selection logic for the H-1B visa.

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Putting It Into Practice

Upcoming changes to the H-1B program offer both opportunities and challenges for employers and professionals. On one hand, the rules are easing for businesses, with the elimination of a significant fee set to lower the cost of hiring foreign specialists. On the other hand, prospects for foreign professionals may become less appealing. A bill currently before Congress threatens to limit long-term opportunities for those planning to relocate to the US permanently.

Against this backdrop, alternative work visa categories are drawing more attention. One of them is the O-1 visa for individuals with extraordinary abilities. For an employer, it solves the same problem as the H-1B and allows them to legally hire a foreign specialist. Moreover, this visa is not subject to quotas.

For professionals, it creates a more flexible long-term immigration strategy. Unlike the H-1B in the proposed bill, the O-1 have the following pros:

• It remains a dual-intent visa;
• It allows a transition to an EB-1A or EB-2 NIW green card;
• It does not require proof of intent to return to one's country of residence;
• It is not subject to a lottery or quotas;
• It is issued for up to three years and may be extended.