# Federal appeals court rejects Trump's $100,000 H-1B visa fee policy

Court blocks increase in H-1B visa fees, dealing blow to immigration restrictions.

- **Source:** [Business Insider](https://www.businessinsider.com)
- **Published:** 2026-07-25
- **Topic:** [Business](https://brifing.si/c/business)
- **Original article:** <https://www.businessinsider.com/federal-appeals-court-rejects-trump-h1b-visa-fee-2026-7>
- **On Brifing:** https://brifing.si/s/883d0581-10ed-4a92-aac7-a9ef3f72896f

## H-1B visa fee hike blocked

A US federal appeals court suspended the $100,000 additional fee imposed by former President Trump on H-1B visa applications. The court ruled that this fee constitutes a tax requiring Congressional approval. The decision deals a blow to the administration's efforts to restrict highly skilled foreign workers.

## Lack of legal authority

A three-judge panel determined the president lacked unilateral authority to impose such fees. The court emphasized that regardless of its name, the charge functioned as a tax falling under Congressional jurisdiction. This ruling affirmed an earlier district court decision.

## Impact on employers

The new fee policy caused a dramatic drop in H-1B visa demand from employers. By mid-February, very few payments of the new fee had been made. Increasing visa costs from typically $2,000-$5,000 to $100,000 made it significantly harder for tech companies to recruit international talent.

## Place in immigration policy

The Trump administration announced this fee increase as part of broader immigration restrictions. Officials claimed the H-1B program was being abused to replace American workers with cheaper labor. However, the court found no legal basis for implementing this policy.

## Affected workers

Immigration attorneys note it's unclear how many people this decision will directly impact, since most US employers hire H-1B workers already in the country. But the ruling allows some workers who were about to lose job offers to potentially obtain visas.

## Policy implications

The court decision highlights legal obstacles to the Trump administration's immigration policies. The H-1B program issues 85,000 visas annually and remains crucial for the tech sector. This ruling may set precedent for future similar policy attempts.

## Sources covering this story

- https://www.businessinsider.com/federal-appeals-court-rejects-trump-h1b-visa-fee-2026-7 — 

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_Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._
