A United States federal judge has issued an injunction preventing the implementation of a $100,000 fee on new H‑1B visa petitions filed by American employers for foreign professionals. This ruling provides temporary relief to Kenyan job seekers who may have been impacted by the proposed fee. The injunction was issued after a lawsuit challenged the fee, citing concerns over the rule-making process.
The proposed fee, equivalent to Ksh13 million, was introduced by the Trump administration in September 2025. It was intended to apply only to new petitions, not to Kenyans already holding valid H‑1B visas or seeking renewals. Current H‑1B holders, including those outside the United States, are not affected by the proposed charge. The administration's clarification aimed to alleviate concerns among existing visa holders.
The court found that U.S. Citizenship and Immigration Services and the State Department had not complied with required rule-making procedures before introducing the charge. This decision follows a temporary block imposed in June after a separate lawsuit filed by 20 states halted the fee pending further review. The injunction means the $100,000 fee remains subject to ongoing legal challenges.
The H‑1B programme allocates 65,000 visas annually, plus an additional 20,000 for advanced-degree holders, with visas valid for three to six years. The proposed fee would represent a dramatic increase from the typical H‑1B charges of roughly Ksh259,100 to Ksh647,750 ($2,000‑$5,000) that applicants have previously paid. This significant hike had raised concerns among Kenyan professionals and employers.
The Department of Homeland Security is pursuing a permanent fee of about Ksh13.34 million ($103,000), which could face its own legal scrutiny. This development indicates that the issue is far from resolved, and further court proceedings are likely. The outcome will have implications for Kenyan job seekers and other foreign professionals seeking H‑1B visas.
The injunction provides temporary relief to Kenyan professionals seeking H‑1B visas. However, the long-term implications of the proposed fee and the ongoing legal challenges remain uncertain. As the situation unfolds, Kenyan job seekers and employers will be closely watching the developments in the United States.
The ruling has been seen as a relief for Kenyan job seekers, who may have faced significant challenges in securing H‑1B visas with the proposed fee. The issue highlights the complexities of U.S. immigration policies and their impact on foreign professionals. The case will likely continue to be closely monitored by stakeholders on both sides.
Key points
- A U.S. federal judge has halted a proposed $100,000 fee on new H‑1B visa petitions.
- The proposed fee was introduced by the Trump administration in September 2025.
- The issue remains subject to ongoing legal challenges and further court proceedings.
