Two US courts have now blocked President Trump’s $100,000 fee on new H-1B visas. If you are an Indian professional or employer, here is what the legal fight means for you.

Trump created the fee through a September 2025 proclamation covering most new H-1B petitions for workers hired outside the US. In June 2026, a Massachusetts judge blocked it, calling it an unlawful tax. On September 30, a California judge blocked it again, ruling agencies skipped required public notice-and-comment rulemaking. The second order also covers the fee’s September 2026 extension.

The fee is not being collected right now, and a federal appeals court refused to pause the first block. But the fight is not over: the government is appealing, and a separate challenge by the US Chamber of Commerce is pending.

Why it matters for India: Indian nationals received 71 per cent of approved H-1B petitions in fiscal 2024. A $100,000 charge per petition would have hit hospitals, schools, tech firms and universities that hire from India hardest.