Court blocks Trump bid to revive $100,000 H-1B visa fee
What's the story
A US federal appeals court has refused to stay a lower court ruling that struck down the Trump administration's controversial $100,000 fee on new H-1B visas. The decision comes as another legal blow to the policy while it continues to be challenged in courts. The Boston-based First Circuit Court of Appeals denied the administration's request to stay a June 8, 2026 order by US District Judge Leo T. Sorokin.
Court's ruling
Lawsuit against fee was filed by 20 states
Judge Sorokin ruled that the $100,000 fee was an unlawful tax as Congress never authorized the executive branch to impose it.
The lawsuit against this fee was filed by attorneys general from 20 Democratic-led states.
They argued that the administration overstepped its legal authority by imposing such a fee through a presidential proclamation instead of an act of Congress.
Visa program
Fee was announced by Trump in September 2025
President Donald Trump announced the $100,000 H-1B visa fee through a presidential proclamation in September 2025.
He claimed that the program had been abused by employers to replace American workers with cheaper foreign labor.
The administration said the move was aimed at curbing abuse of the visa program.
The H-1B visa allows US companies to employ highly-skilled foreign workers in specialized fields, especially in tech.
Visa details
Proposed hike came after employers paid between $2,000 and $5,000
Every year, the US issues 65,000 H-1B visas under the regular quota and another 20,000 for workers with advanced degrees from US institutions.
Before the proposed fee hike, employers usually paid between $2,000 and $5,000 in government filing fees to sponsor an H-1B worker.
The latest appeals court order ensures that the lower court's ruling remains in effect while the legal challenge continues.