Key points
- On July 24, the 1st US Circuit Court of Appeals kept the US$100,000 H-1B fee blocked while appeals continue.
- The fee applies only to new H-1B petitions for workers outside the US, not to current holders, renewals, or petitions filed before September 21, 2025.
- A district judge earlier ruled the fee functioned as a tax that only Congress can impose.
- The constitutional question is unresolved and the case may reach the Supreme Court.
Appeals court keeps the fee blocked
A federal appeals court has kept the block on President Trump’s US$100,000 H-1B visa fee in place. On July 24, the 1st US Circuit Court of Appeals in Boston ruled that the administration had not shown a likelihood of success in the case, keeping the fee blocked while appeals continue.
Timeline of events
- September 19, 2025: Trump signed a proclamation imposing a US$100,000 fee on new H-1B petitions for workers outside the United States.
- June 8, 2026: US District Judge Leo Sorokin ruled the fee functioned as a tax, which only Congress can impose, and struck it down.
- June 12, 2026: Judge Sorokin paused his ruling, allowing the fee to take effect again pending appeal.
- July 24, 2026: The appeals court rejected the government’s request to keep the fee in force.
Who the fee would affect
The US$100,000 fee applies only to new H-1B petitions for workers outside the United States. It does not affect:
- Current H-1B visa holders
- Visa renewals
- Petitions filed before September 21, 2025
- Workers already in the country
The H-1B program issues 65,000 visas a year, plus 20,000 more for workers with advanced degrees. Before the proposed fee, employers typically paid US$2,000 to US$5,000 per petition. These are government charges, separate from any service fee a filing agent may charge.
What happens next
An immigration lawyer noted that “some workers were about to lose their job offer but can now get a visa after all” following the ruling. The broader constitutional question remains unresolved, and the case may ultimately reach the Supreme Court.
