U.S. court rejects Trump administration bid to revive $100,000 H-1B visa fee
A U.S. federal appeals court has upheld a lower court's decision to block the Trump administration's attempt to impose a $100,000 fee on H-1B visas. The court ruled that the administration lacked the clear congressional authority required to implement such a financial burden.
Why it matters
The decision protects foreign workers and U.S. tech companies from significant financial barriers, reinforcing the limits of executive power regarding visa regulations.
A U.S. federal appeals court has refused to stay a lower court order striking down the Trump administration's decision to impose a $100,000 fee on H-1B visas for highly skilled foreign workers.
The three-judge Bench at the Boston-based First Circuit Court of Appeals denied the federal government's motion to stay U.S. District Judge Leo T Sorokin's June 8 ruling that struck down the fee, terming it an unlawful tax not authorised by Congress.
"...we deny the defendants' motion to stay pending appeal to this Court, the district court's June 8, 2026, Memorandum and Order and accompanying Judgment,” the Bench ruled on Friday (July 24, 2026).
The judges agreed with the plaintiffs — 20 Democrat-ruled States — that "the question here is not whether Congress may delegate the authority in question. It is whether Congress has done so".
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