In a recent hearing for the case Global Nurse Force v. Trump on February 26, 2026, the government revealed that only about 70 employers have paid the controversial $100,000 fee since its introduction in September. This low participation rate has sparked debate over whether the fee serves as a revenue-raising tax or effectively restricts the H-1B program to only the wealthiest firms.

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The court’s discussions also referenced a recent Supreme Court ruling that limited presidential authority to impose tariffs, with plaintiffs arguing that the H-1B fee acts as a “human tariff” violating Congressional authority. The judge is expected to issue a ruling before the March 4th registration opening, which could significantly impact the H-1B visa program and its accessibility for healthcare professionals.

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Source: r/h1b

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