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...
Topic: H-1B Visas
NFAP Finds That DHS Wildly Overestimated Revenue From H-1B Fee
On September 24, 2026, the National Foundation for American Policy (NFAP) released a comment on the Department of Homeland Security’s (DHS) proposed rule to impose a $103,265 fee on H-1B cap-subject petitions. NFAP’s analysis concluded, among other things, that DHS...
DHS Final Rule Requires 9-11 Biometric Fee for Certain H-1B and L-1 Nonimmigrant Visa Petitions
On August 10, 2026, the Department of Homeland Security (DHS) published a final rule amending its regulations on the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 nonimmigrant visas. The final rule changes DHS’s interpretation of statutory...
First Circuit Denies Stay in $100,000 H-1B Fee Case
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied a motion to continue a stay in State of California v. Mullin. In that case, plaintiffs (a group of 20 states[1]) challenged a proclamation by President Trump requiring that $100,000 be paid with...
Federal Court Pauses Decision to Declare $100,000 H-1B Fee an Unlawful Tax
On June 12, 2026, a U.S. district court partially stayed its decision on June 8, 2026, that vacated a Department of Homeland Security (DHS) policy implementing Presidential Proclamation 10973 by imposing a $100,000 fee on certain new H-1B petitions. The court allowed...
Times of India: Steve Yale-Loehr on Proposed H-1B Wage Hikes
Steve Yale-Loehr was quoted by the Times of India in India GCCs to Gain as U.S. Plans Sharp H-1B Wage Hikes. Steve noted that a Department of Labor proposed rule would increase wages for foreign-born workers. “However, it will also put wage pressure on U.S. employers....
Holiday Travel Alert: Visa Appointments Disrupted; Revocation Trends
We are alerting clients about recent developments affecting H-1B and H-4 travelers and visa holders, and others, this winter: visa appointment disruptions tied to expanded screening and an increase in visa revocation notices reportedly linked to prior arrest history....
Miller Mayer’s Steve Yale-Loehr on H-1B Visas and Trump Administration Dynamics
Steve Yale-Loehr was quoted by the Los Angeles Times in California's Tech Titans Say H-1B Visas Are Vital. Will Trump Defy MAGA and Support Them? He said that despite the deficiencies in the H-1B program, he believes that "most employers try to follow the rules. At...
