On September 30, 2026, a federal judge in Global Nurse Force v. Trump temporarily blocked the Trump administration’s agency policies implementing a $100,000 fee for new H-1B petitions based on Presidential Proclamation No. 10973 and its extension, No. 11069. In partially granting a temporary injunction, the court said that the plaintiffs were likely to succeed on their claims that the policies violated the Administrative Procedure Act (APA). The court therefore enjoined the agencies from enforcing or implementing the policies “until notice-and-comment rulemaking under the APA and regulatory flexibility analyses under the [Regulatory Flexibility Act] have been conducted.”
The court noted that related litigation is proceeding on several fronts and that the issue may ultimately be decided by the Supreme Court. The decision is not directly related to the separate proposed imposition of a $103,265 fee for H-1B cap-subject petitions.
