The U.S. government formally appealed the block against the one hundred thousand H-1B fee. This isn’t a reinstatement of the fee. Reinstatement requires a formal ruling by the appeals court.
Background
A federal court blocked enforcement of the one-hundred-thousand-dollar H-1B visa fee on June 8, 2026. Any changes to the H-1B program need Congressional approval. This makes the new fee unlaw since it came from an executive order. The U.S. government filed an appeal on June 18, 2026.
The U.S. government argued the fee wasn’t a tax, rather an immigration enforcement policy. According to Newsweek, the Department of Justice (DOJ) specifically invoked the Immigration and Nationality Act (INA) as justification. The INA lets the president of the United State impose restrictions on entering the U.S. if deemed appropriate. The government’s appeal claims such a fee is appropriate for safeguarding America’s national security. Additionally, the appeal claims the court erred in treating the fee as a tax. The future of the H-1B fee depends on whether the court sees it as a immigration restriction or a tax.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.