US Appeals Court Blocks Trump $100,000 H‑1B Visa Fee, Indian Tech Workers Relieved
A three‑judge panel of the Boston‑based 1st U.S. Circuit Court of Appeals rejected the Trump administration’s bid to stay a lower‑court ruling that struck down a proposed $100,000 fee on new H‑1B visas. The district court’s June 8, 2026 order called the fee an unlawful tax that Congress never authorized. President Donald Trump had announced the fee in a September 2025 proclamation, arguing the H‑1B program was being exploited to replace American workers. The appeals court said the administration failed to show any clear congressional delegation of authority and could not demonstrate why the plaintiff states would not suffer substantial injury if the stay were granted. The decision preserves the existing fee structure of $2,000‑$5,000 per petition and protects the annual H‑1B program, which authorizes roughly 85,000 visas – about 70‑80 % of which go to Indian professionals. Industry groups and companies such as TCS, Infosys, Google and Microsoft hailed the ruling as a major relief for Indian IT workers and U.S. tech firms that rely on the visa program.
The court’s opinion cited the 1989 U.S. Supreme Court ruling that any significant financial burden imposed by the executive branch requires explicit congressional authorization. By upholding the district judge’s decision, the appeals court halted the Trump administration’s effort to reshape high‑skill immigration through a massive fee increase.
Claims
What the coverage asserts, and how well corroborated each claim is across sources.
- [● 2 SOURCES] The H‑1B visa program authorizes about 85,000 visas each year, including roughly 65,000 regular visas and 20,000 for advanced‑degree holders. (multiple H‑1B articles)
- [● 4 SOURCES] The ruling was welcomed by Indian IT professionals and U.S. technology companies such as TCS, Infosys, Google and Microsoft as a major relief. (multiple H‑1B articles)
- [● 3 SOURCES] President Donald Trump announced the $100,000 H‑1B visa fee in a September 2025 proclamation, claiming the program was being exploited to replace American workers. (multiple H‑1B articles)
- [● 4 SOURCES] The district court ruled that the $100,000 fee on new H‑1B visas was an unlawful tax that Congress never authorized. (multiple H‑1B articles)
- [● 5 SOURCES] The 1st U.S. Circuit Court of Appeals rejected the Trump administration’s request to stay the district court’s June 8, 2026 order on the H‑1B visa $100,000 fee. (multiple H‑1B articles (e.g., ids 93d7c02f‑..., 51a25aa6‑..., a7b3521e‑...),)
- [● 4 SOURCES] Approximately 70‑80 % of H‑1B visas are granted to Indian nationals. (multiple H‑1B articles)
- [● 3 SOURCES] The appeals court cited the 1989 U.S. Supreme Court decision requiring clear congressional authority for any significant executive financial burden. (multiple H‑1B articles)
- [● 3 SOURCES] The proposed $100,000 fee would have raised employers’ costs from the usual $2,000‑$5,000 per petition to $100,000. (multiple H‑1B articles)