Good News as US Begins Visa Approval Petition After Court Issues Order to Trump
- Federal courts have blocked enforcement of a $100,000 H-1B visa fee introduced through a presidential proclamation in 2025
- Some petitions filed under premium processing have exceeded the 15-business-day deadline without a decision from USCIS
- Skilled foreign workers previously excluded from US hiring plans may now find themselves back on employers' radar
PAY ATTENTION: Mark Legit.ng as a preferred source, and our content will appear higher in your Google feed!
Legit.ng journalist Dave Ibemere has over a decade of experience in business journalism, with in-depth knowledge of the Nigerian economy, stocks, and general market trends.
The United States has begun processing and approving H-1B visa petitions submitted without President Donald Trump's $100,000 fee, following court rulings that blocked the government from enforcing the requirement.
Immigration law firm Meltzer Hellrung confirmed that approvals are now coming through, although some petitions filed under the premium processing track have remained unresolved beyond the standard 15-business-day turnaround period.
Source: Getty Images
Economic Times reports that the firm indicated that the movement on pending cases followed its public comments drawing attention to the processing delays.
The $100,000 fee was introduced through a presidential proclamation in September 2025, targeting certain new H-1B petitions for workers based outside the United States. The proclamation was later extended on 18 September 2026 to run until 21 September 2027.
Two separate federal courts have since moved to block the charge.
The US District Court for the District of Massachusetts vacated the requirement in June 2026, and the First Circuit Court of Appeals subsequently refused the government's request to pause that ruling while it pursued an appeal.
In a separate proceeding, the US District Court for the Northern District of California issued an order in late September 2026 barring enforcement of the fee, including under the extended proclamation.
Court of Appeals
The US Citizenship and Immigration Services has stated that it is complying with both court orders but has indicated it would collect the fee if those orders were overturned.
For employers, the resumption of approvals opens a path to reconsidering skilled overseas candidates who were earlier removed from recruitment shortlists because of the additional financial burden.
Workers who previously held H-1B status and still have time remaining within the six-year maximum may also be eligible for new petitions without re-entering the annual lottery, depending on their individual immigration histories.
Meltzer Hellrung advised companies to audit any pending petitions that have passed the premium processing deadline without a decision, and to review visa appointments and travel arrangements for workers with approved petitions.
The firm also urged employers to revisit applications from qualified overseas professionals and to examine each candidate's visa stamp, prior immigration status and H-1B history before proceeding.
Source: Getty Images
It is worth noting that workers outside the US cannot begin employment under H-1B portability provisions while their petitions are still pending.
Employers wishing to engage such workers in the interim may need to explore overseas contracting or employer-of-record arrangements, subject to the relevant legal requirements.
While the approvals bring a measure of relief to employers and foreign professionals, the ultimate fate of the $100,000 fee remains unresolved as both legal challenges continue to work their way through the courts.
US announces visa rule changes
Earlier, Legit.ng reported that the United States Department of Homeland Security (DHS) has announced a significant overhaul of its visa rules for international students, exchange visitors, and foreign journalists, replacing an arrangement that had allowed many to remain in the country indefinitely under their programme status.
The rule, unveiled on Thursday, July 16, scraps the long-standing "duration of status" system and imposes fixed admission periods on holders of F, J, and I visas. It will come into force 60 days after its publication in the Federal Register, pending congressional review.
Foreign journalists on I visas will face tighter constraints.
Source: Legit.ng
