The legal fight over the Trump administration’s proposed $100,000 H-1B visa fee isn’t over, but employers have scored another important victory.
Employers sponsoring highly skilled foreign workers received another measure of relief this week after a federal appeals court refused to reinstate the Trump administration’s controversial $100,000 fee for certain new H-1B visa petitions while the legal challenge continues. The decision, issued by the U.S. Court of Appeals for the First Circuit, leaves in place a lower court ruling that found the fee was likely an unauthorized tax that could not be imposed by presidential proclamation alone. The appeals court concluded that the government had not shown it was likely to succeed in overturning that decision while the case proceeds.
What This Means Now
For the time being, U.S. Citizenship and Immigration Services (USCIS) cannot require employers to pay the additional $100,000 fee for affected H-1B petitions covered by the challenged policy. Instead, employers will continue paying the standard H-1B filing fees that existed before the policy was introduced. The ruling primarily affects new H-1B workers applying from outside the United States. It does not affect H-1B extensions, change-of-employer petitions, or many workers already in H-1B status within the United States.
What About Employers Who Already Filed?
The impact on previously filed petitions appears limited. Because the fee was tied up in litigation almost immediately after it was announced, relatively few employers actually paid the additional $100,000 before the courts intervened. Employers with petitions that were delayed or affected by the litigation should continue monitoring USCIS guidance and consult with immigration counsel regarding any case-specific questions, as the legal proceedings remain ongoing.
What Happens Going Forward?
The appeals court’s decision is not the final word. The underlying lawsuit will continue while the administration pursues its appeal, and additional review, including by the U.S. Supreme Court, remains possible. For now, however, employers planning to sponsor new H-1B workers can proceed under the existing filing fee structure rather than budgeting for the additional $100,000 charge. Unless a higher court reverses the current rulings, the fee cannot be enforced.
As with many recent immigration policies, the legal landscape remains fluid. Employers considering future H-1B sponsorships should stay informed as the litigation progresses, since further court decisions could again affect filing requirements.