Federal Appeals Court Leaves $100,000 H-1B Visa Fee Blocked

On July 24, 2026, the Boston-based 1st U.S. Circuit Court of Appeals declined to stay a district-court injunction that bars the Trump administration from collecting a $100,000 surcharge on new H-1B work visas. The three-judge panel, composed of appointees of Democratic presidents, said the government had not shown a likelihood of success on appeal and therefore could not pause the lower-court order.

WION

The dispute began with a June 8 district-court ruling by U.S. District Judge Leo Sorokin, who held that the $100,000 charge functions as a tax—a power that Congress, not the president, must authorize. The judge also found the policy violated the Administrative Procedure Act. After the ruling, the district court briefly stayed its own order, allowing USCIS to collect the fee while the administration appealed. The appellate decision now restores the injunction, keeping the fee unenforceable.

United States: Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee

The administration contended the surcharge would deter misuse of the visa system. The White House has not responded to requests for comment on the appellate ruling.

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• The H-1B program caps 65,000 visas annually, with an additional 20,000 set aside for applicants holding advanced degrees.

Reuters

• Prior to the fee, employers typically paid $2,000–$5,000 in visa-related costs.

Business Insider

• The fee does not apply to foreign nationals already in the United States on student visas, a group that comprises a large share of new H-1B recipients.

Reuters

• Court filings indicate the steep increase sharply reduced demand, with USCIS receiving few payments by mid-February.

United States: Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee

USCIS is expected to issue updated guidance and filing procedures consistent with the injunction within days, though the timeline remains unclear. The Trump administration has signaled it will continue pursuing the appeal, leaving the future of the $100,000 surcharge uncertain.

United States: Federal Appeals Court Declines to Stay Lower Court Order Vacating $100,000 H-1B Fee