US court rejects Trump bid to halt $100,000 H-1B visa fee ruling

A US federal appeals court has refused to stay a lower court order striking down the Trump administration's decision to impose a USD 100,000 fee on H-1B visas for highly skilled foreign workers. The three-judge bench at the Boston-based First Circuit Court of Appeals denied the federal government's motion to stay US District Judge Leo T Sorokin's June 8 ruling that struck down the fee, terming it an unlawful tax not authorised by Congress. "we deny the defendants' motion to stay pending appeal to this Court, the district court's June 8, 2026, Memorandum and Order and accompanying Judgment,” the bench ruled on Friday.
The US president issued a proclamation in September that raised the cost of obtaining H-1B visas, which tech companies rely heavily on to bring on foreign workers. The H-1B program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Employers seeking a visa for a foreign worker before Trump's move typically paid about USD 2,000 to USD 5,000 in fees depending on various factors. Trump, in imposing the hefty new fee, said the H-1B program "has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor."
Few employers have paid ​Trump's fee since it was instituted. The White House did not immediately respond to a request ​for comment.