A federal appeals court has blocked the Trump administration’s attempt to impose a $100,000 fee on new H-1B visas, ruling the charge likely exceeds presidential executive authority.

Key Points

• The 1st US Circuit Court of Appeals denied a request to pause a lower court injunction against the $100,000 visa fee.
• US District Judge Leo Sorokin previously ruled the fee functions as a tax, which requires congressional authorization rather than executive action.
• The H-1B program typically issues 85,000 visas annually to high-skilled workers, primarily supporting the technology sector.
• Twenty Democratic state attorneys general filed the lawsuit challenging the fee, which had significantly reduced visa demand since its September 2025 announcement.
• Standard H-1B visa-related costs typically range between $2,000 and $5,000, making the proposed $100,000 charge a substantial increase for employers.

Why it Matters

This ruling limits the administration's ability to unilaterally reshape immigration policy through high-cost financial barriers. It provides immediate relief to technology companies and foreign workers who rely on the H-1B program to maintain essential staffing levels.