Trump Freezing Green Cards 2026? Court Blocks $100K H-1B Fee in Latest Immigration Ruling

A federal appeals court has ruled against the Trump administration's attempt to impose a $100,000 fee on employers sponsoring H-1B visa workers, upholding a lower court's earlier injunction blocking the policy. The administration has since filed an appeal, escalating what has become a significant legal confrontation over the future of employment-based immigration costs. The proposed fee structure, if enacted, would have dramatically increased the financial burden on companies—particularly in the tech sector—that rely heavily on H-1B workers. Critics argued the policy was designed to discourage skilled worker sponsorship rather than generate revenue, and the courts appear to have agreed that the fee lacked proper statutory authority. For EB-3 applicants and their sponsoring employers, the outcome has indirect but meaningful implications. Many employers who file H-1B petitions are the same companies that sponsor EB-3 labor certifications and green card applications. A steep H-1B fee could have chilled employer willingness to invest in long-term immigration sponsorship pathways, including PERM and I-140 petitions. The legal battle is far from over. With the Trump administration actively appealing the decision, future rulings could still reshape employer costs across all employment-based visa categories. Applicants currently in the EB-3 pipeline are advised to monitor developments, especially as broader policy shifts continue to unfold in 2026. Immigration attorneys recommend that sponsored workers maintain close communication with their employers' HR and legal teams to stay ahead of any cost-driven changes to sponsorship decisions.