Appeals Court Keeps Trump’s $100,000 H-1B Visa Fee Blocked During Appeal
A federal appeals court refused to revive the Trump administration’s $100,000 fee on new H-1B visas, keeping in place a lower court order that blocked the charge while the administration continues its appeal.
The 1st U.S. Circuit Court of Appeals declined to pause U.S. District Judge Leo Sorokin’s June 8 ruling in a case brought by 20 Democratic state attorneys general. Sorokin found that the fee operated as an unlawful tax that Congress had not authorized.
The blocked fee came from a September 2025 presidential proclamation that required employers to pay $100,000 for certain new H-1B petitions. Before the policy, employers typically paid far lower visa-related fees, often in the $2,000 to $5,000 range depending on the filing.
The immediate consequence is that the administration cannot enforce the $100,000 payment requirement for now. That matters for employers that rely on H-1B hiring, including technology companies, universities, schools, hospitals, and research institutions.
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The legal issue is larger than one visa fee. The case tests whether the executive branch can use immigration authority to impose a major mandatory payment on employers without a clear act of Congress.
The administration has defended the policy as part of a broader effort to prevent abuse of the H-1B program and protect American workers. AP reported that DHS criticized the earlier district court ruling as judicial overreach.
Public reaction has centered on practical uncertainty. Immigration communities on Reddit tracked whether the fee was blocked, reinstated, or still enforceable during the appeal, while major news accounts amplified the appeals court ruling across social platforms.
The case is not over. The administration can continue pursuing its appeal, but the fee remains blocked unless a later court order changes the status.
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