US Appeals Court Rejects Trump Bid To Reinstate $100,000 H-1B Visa Fee

Washington, July 25, 2026: A US federal appeals court has refused to let President Donald Trump's administration enforce a $100,000 fee on new H-1B visas, dealing another setback to the government's immigration policy.

The Boston-based First US Circuit Court of Appeals on Friday upheld a lower court's decision that blocked the fee. The three-judge panel ruled that the administration had not shown it was likely to succeed in proving that it had the authority to impose the charge, allowing the earlier order to remain in effect.

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Court Questions Legal Authority

The appeals court's decision follows a June ruling by a lower court judge, who struck down the fee after a lawsuit was filed by 20 Democratic state attorneys general. The judge found that the charge amounted to an unlawful tax that had never been authorised by Congress.

Notably, the three judges on the appeals panel were all appointed by Democratic presidents. In its ruling, the court said the Trump administration had failed to demonstrate that it acted within its legal powers when it introduced the fee, The Guardian reports.

H-1B Policy Under Scrutiny

Trump announced the higher fee through a presidential proclamation in September, arguing that the H-1B programme had been "deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labour."

The H-1B visa programme allows US employers, particularly technology companies, to hire highly skilled foreign workers. Every year, 65,000 H-1B visas are made available, along with another 20,000 for applicants holding advanced degrees. These visas are generally valid for three to six years.

Before the new fee was introduced, employers typically paid between $2,000 and $5,000 to sponsor an H-1B worker, depending on various factors. The $100,000 charge did not apply to foreign nationals already in the US on student visas, a group that makes up a significant share of new H-1B recipients.

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Appeal Rejected

The administration's policy has seen limited use, with few employers paying the new fee since it was introduced. Following the appeals court's decision, the White House did not immediately respond to a request for comment.

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