US Court Rejects Trump’s $100,000 H-1B Fee
A US federal appeals court has rejected the Trump administration’s request to keep its $100,000 fee on new H-1B visas in force while litigation continues. The decision leaves a lower court order blocking the charge in effect.
Appeals Court Blocks H-1B Fee
The First US Circuit Court of Appeals in Boston declined to suspend a June 8 ruling that struck down the fee. A three-judge panel concluded that the administration had not demonstrated that it was likely to succeed in defending the policy during its appeal.
The lower court found that the $100,000 payment operated as an unauthorised tax rather than a permissible immigration restriction. It ruled that the executive branch could not impose such a charge without approval from Congress.
The case was brought by 20 Democratic-led states, which argued that the policy obstructed recruitment in healthcare, education and academic research.
Trump Administration Can Continue Appeal
The latest decision does not end the legal dispute. The Trump administration may continue its appeal on the merits and could seek further relief from a higher court.
Unless another stay is granted, the lower court’s order prevents the government from enforcing the $100,000 charge. Employers should still check current immigration guidance before submitting petitions because additional court action could alter the fee’s status.
President Donald Trump introduced the charge through a proclamation in September 2025, arguing that the H-1B programme had been used to replace American workers with lower-paid foreign employees.
H-1B Visa Programme Remains Unchanged
The ruling concerns the additional fee and does not abolish or otherwise change the H-1B visa programme.
The United States issues 65,000 H-1B visas annually, with another 20,000 reserved for applicants holding advanced US degrees. Before the disputed policy, employers typically paid between $2,000 and $5,000 in visa-related charges.
Indian professionals account for a substantial share of H-1B recipients, particularly in technology and other skilled industries.
