H-1B Fee Blocked
First Circuit Appeals Court Blocks $100,000 H-1B Visa Fee, Denying Trump Administration's Bid
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Key Points
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The appeals court issued its ruling on July 23, 2026, explicitly denying the Trump administration’s bid to halt the lower-court order blocking the $100,000 H-1B visa fee.
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The court held the administration failed to show it was likely to prevail on appeal or that it had exceeded its authority in imposing the fee.
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The fee was described as US$100,000, with Straits Times noting the amount as US$100,000 (S$129,000).
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The White House did not immediately respond to requests for comment regarding the ruling.
A federal appeals court in Boston dealt a fresh legal blow to the Trump administration on July 23, 2026, refusing to pause a ruling that blocks a $100,000 fee on new H-1B visas, according to The Guardian. The First Circuit panel, made up entirely of judges appointed by Democratic presidents, found the administration had not shown it was likely to win on appeal.
The blocked fee — equivalent to S$129,000 in Singapore dollars — was first imposed through a September proclamation and was meant to fund tech staffing programs, Detroit News reported. Before the change, employers paid roughly $2,000 to $5,000 in H-1B-related fees. Only a small number of employers had paid the new $100,000 charge before courts stepped in.
Why the Court Said No to the Administration
The First Circuit denied the administration's request for a stay, meaning the lower court's block on the fee remains in place. To win a stay, the government needed to show two things: that it would likely win on appeal and that pausing the ruling was urgent. The court said it failed both tests, according to The Guardian.
The original ruling, issued on June 8, found the $100,000 fee was an unlawful tax. The judge said Congress never gave the executive branch authority to impose such a charge. That finding now stands while the legal fight continues, Newsmax reported.
Twenty State AGs Sued Over the Fee
The legal challenge was brought by 20 Democratic state attorneys general. They argued the Trump administration overstepped its authority by creating a major new visa fee without congressional approval. Courts agreed, at least for now.
The H-1B program issues 65,000 visas per year for highly skilled foreign workers, plus 20,000 extra for people with advanced degrees. Visas are typically valid for three to six years. The program is widely used by tech companies to hire engineers and other specialists, according to Freedom 96.9.
Congress Holds the Purse — Courts Remind the White House
This ruling is the latest example of courts pushing back on executive action in immigration. Judges are saying clearly: the president cannot create a $100,000 tax on visa applicants without Congress passing a law to allow it. That separation of powers argument is now winning in court.
The White House did not immediately respond to requests for comment after the ruling, according to Detroit News. The administration has not said publicly whether it plans to appeal further or seek another legal path to restore the fee.
What Comes Next for H-1B Applicants and Employers
For now, employers applying for new H-1B visas do not have to pay the $100,000 fee. The legal block stays in place while the case moves through the appeals process. The outcome could have a major impact on how companies hire skilled workers from abroad.
The case also sets a broader precedent. If the courts ultimately strike down the fee for good, it would make it much harder for any future administration to impose large visa fees without an act of Congress, Straits Times via Head Topics noted.
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