Trump Administration Appeals Court Ruling on H-1B Visa Fee

Appeal Against H-1B Visa Fee Ruling

The Trump administration has initiated an appeal following a federal court's decision that deemed its $100,000 fee on H-1B visa applications unlawful. The US Department of Justice submitted the appeal notice on Thursday, shortly after a federal judge ruled that the fee exceeded the authority granted to the presidency.

Earlier this week, US District Judge Leo Sorokin in Boston invalidated the fee, stating that it functioned as a tax, which only Congress has the power to authorize. Judge Sorokin emphasized that the administration did not possess the legal authority to impose such a fee through executive measures. He noted, “The substance and application of the $100,000 payment reveal that it is a tax,” concluding that Congress had not empowered the executive branch to create it.

President Donald Trump introduced this fee via a presidential proclamation in September 2025, claiming that the H-1B visa program was being exploited to displace American workers with foreign labor. Before this change, employers typically incurred fees ranging from $2,000 to $5,000 for each H-1B application.

The administration argued that existing immigration laws permitted the imposition of the fee as a penalty on specific foreign workers. However, the court dismissed this interpretation.

Established in 1990, the H-1B visa program enables US employers to recruit foreign professionals for specialized roles, with visas generally valid for a maximum of six years. This program supports around 700,000 workers throughout the United States and is heavily utilized by leading technology firms such as Amazon, Microsoft, Meta, Apple, and Alphabet.

According to court documents, the fee significantly affected application rates. As of February 15, US Citizenship and Immigration Services had processed only 85 payments under the $100,000 rule. Reports indicate that several companies, including Walmart, reduced their participation in the H-1B program following the fee's implementation.

This ruling represents one of several legal challenges faced by the policy. Additional lawsuits contesting the fee have been filed by the US Chamber of Commerce and a nurse recruitment agency. Although an earlier effort to block the fee was unsuccessful, that decision is currently under appeal. The Justice Department has yet to make a public statement regarding the latest appeal.