The case concerned Proclamation 10973, signed by President Donald Trump on September 19, 2025.
The proclamation required employers filing new H-1B petitions to make a supplemental payment of $100,000.
The administration said the measure was needed to prevent misuse of the H-1B programme and protect American workers.
It relied on provisions of the Immigration and Nationality Act that allow the President to restrict entry of non-citizens if their entry is found to be detrimental to US interests.
The fee would have made the H-1B route prohibitively expensive for many employers, especially startups, universities, hospitals and smaller businesses that rely on skilled foreign workers but without the financial capacity of large technology companies.
The case concerned Proclamation 10973, signed by President Donald Trump on September 19, 2025. The proclamation required employers filing new H-1B petitions to make a supplemental payment of $100,000.
The administration said the measure was needed to prevent misuse of the H-1B programme and protect American workers. It relied on provisions of the Immigration and Nationality Act that allow the President to restrict entry of non-citizens if their entry is found to be detrimental to US interests.
The fee would have made the H-1B route prohibitively expensive for many employers, especially startups, universities, hospitals and smaller businesses that rely on skilled foreign workers but without the financial capacity of large technology companies.
Immigration experts and industry groups had warned that such a steep charge could discourage employers from sponsoring foreign talent, reduce the availability of skilled workers in sectors such as technology, healthcare and research, and create uncertainty for existing and prospective H-1B applicants.
