U.S. First Circuit Rejects Stay on Trump Administration's $100,000 H-1B Visa Fee

The First Circuit Court of Appeals denied the Trump administration’s request for a stay of a district court ruling that struck down a $100,000 supplemental fee on new H‑1B visa petitions requiring consular processing. The fee, imposed by Presidential Proclamation 10973 in September 2025, was found by U.S. District Judge Leo T. Sorokin to be an unconstitutional tax absent clear congressional authorization. The district court’s vacatur applied nationwide, relieving employers—including universities and nonprofit research organizations—of the fee. The administration appealed and briefly reinstated the fee while seeking a stay, but the three‑judge panel concluded the government had not shown a likelihood of success on the merits, noting the Immigration and Nationality Act provides no explicit authority for such a fee.