U.S. court blocks Trump’s Ksh 13M fee for new H-1B worker visas

A second United States federal judge has blocked the Ksh13 million ($100,000) fee imposed on new H-1B visa petitions filed by American employers to hire foreign professionals in specialised fields.

The ruling signals relief for Kenyans seeking new employment opportunities in the U.S. through the H-1B programme amid concerns that the high fee could discourage employers from sponsoring foreign workers.

Reuters reported that the court found that the U.S. Citizenship and Immigration Services (USCIS) and the State Department had not followed the required rule-making procedures before introducing the charge. 

The fee had already been temporarily blocked in June in a separate case brought by 20 states.

The latest decision means the Ksh13 million charge remains subject to ongoing legal challenges rather than taking effect without further court proceedings. 

Meanwhile, the Department of Homeland Security (DHS) has separately moved to introduce a permanent fee of about Ksh13.34 million ($103,000), which would involve different legal questions and could face separate court challenges.

The fee has been a major concern for prospective applicants because H-1B charges had previously generally ranged between about Ksh259,100 ($2,000) and Ksh647,750 ($5,000), depending on the circumstances.

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Such a change would be impactful as the H-1B programme provides 65,000 visas each year, with another 20,000 places available for workers holding advanced degrees, and visas can be issued for three to six years.

Trump’s administration clarified in September 2025, when the fee was introduced, that the Ksh13 million charge was a one-time payment for new petitions and would not apply to Kenyans already holding valid H-1B visas or seeking renewals. 

The clarification also stated that Kenyans currently working in the U.S. under valid H-1B visas would remain unaffected, including those who were outside the country at the time. 

The decision comes as the Trump administration tightens H-1B requirements through enhanced vetting and proposed changes to the selection process that would favour higher-skilled and better-paid workers. 

The H-1B fee is not the only proposed financial requirement that could affect Kenyans seeking to move to the U.S., with the Trump administration previously considering a bond requirement of the same amount for some green card applicants seeking permanent residency through overseas consulates.

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