A federal appeals court rejected the U.S. government’s request to keep the $100,000 H-1B visa fee in effect during the appeal process. According to Reuters, the Boston-based 1st U.S. Circuit Court of Appeals declined staying a lower court ruling issued by Judge Leo Sorokin on June 8, 2026. Judge Sorokin had struck down the fee, finding it amounted to an unlawful tax that Congress never authorized. The court announced the ruling on July 24, 2026.
Background
President Trump issued the $100,000 H-1B fee through a presidential proclamation on September 19, 2025. Twenty Democratic state attorneys general sued to block it, and on June 8, 2026, Judge Sorokin ruled in their favor, vacating the fee. The government then asked the 1st Circuit on June 18, 2026 to stay that ruling while its appeal on the merits proceeds. A three-judge panel, all appointed by Democratic presidents, denied that request, finding the government hadn’t shown it was likely to succeed in arguing it had the authority to impose the fee in the first place.
Impact
With the stay request denied, the fee is unenforceable for now, though the underlying appeal is still pending and the outcome there could change things again. Standard H-1B filing fees, are unaffected and remain in place. Employers should keep in mind that the administration may look for other ways to raise the cost of hiring H-1B workers, so it’s worth watching how this develops.
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.