The Trump administration is fighting to keep its controversial $100,000 H-1B visa fee in place, arguing that a federal judge was wrong to strike it down earlier this month.
In a filing submitted on Thursday to the US Court of Appeals for the First Circuit in Boston, the Department of Homeland Security (DHS) asked the court to allow the fee to remain in effect while the government appeals the lower court’s decision.
The administration says the fee is a lawful immigration measure and falls within President Donald Trump‘s authority under federal immigration law.
Trump government says fee is not an unauthorised tax
The legal battle comes amid a one-time $100,000 application fee imposed by Trump as part of his efforts to restrict the flow of H-1B visas into the United States. According to DHS, the lower court made a mistake when it concluded that the fee amounted to an unauthorised tax.
The department argued that the fee should not be viewed as a tax at all. But even if it were considered a tax, the government said the president still had the authority to impose it. The filing stated that federal immigration laws give the president broad powers to regulate the entry of foreign nationals into the country.
Part of Trump’s push to limit immigration
The H-1B visa programme allows US companies to hire highly skilled foreign workers, many of whom work in fields such as technology, engineering and healthcare.
Trump has long argued that some employers misuse the programme by hiring foreign workers for jobs that could be filled by Americans. When Trump took oath for the second time, the $100,000 fee was introduced by the administration to curb immigration and reduce reliance on foreign labour.
The government told the appeals court that stopping enforcement of the fee could undermine Trump’s immigration policies. “Every day that passes more aliens can petition and enter the country despite the President’s determination that their entry would be detrimental,” the department said in its court filing.
It also argued that reversing the effects of the policy later could be difficult. “And even if Defendants ultimately prevail on appeal, it will be difficult to revoke those visas and remove aliens who did not pay.”
Boston judge ruled fee overstepped presidential powers
The dispute began after a coalition of 20 Democratic-led states challenged the visa fee in court. On June 8, Judge Leo Sorokin of the US District Court for the District of Massachusetts ruled in favour of the states and struck down the fee. The judge found that the measure crossed into an area reserved for Congress, which has the exclusive authority to impose taxes.
According to Sorokin, allowing the president to create such a fee would violate the constitutional separation of powers between the executive and legislative branches.
H-1B fee remains on hold for now
A few days later, on June 12, Judge Sorokin agreed to temporarily pause his ruling while the appeals court considers the government’s request for a stay. That means the future of the $100,000 H-1B fee now rests with the First Circuit Court of Appeals.
On the other hand, at least two other cases questioning the legality of the H-1B fee are still pending. One is before the US Court of Appeals for the District of Columbia Circuit, while another is being heard in the Northern District of California.
The Massachusetts case, State of California v. Mullin, is currently before the First Circuit Court of Appeals under case number 26-01699. The government’s motion seeking to keep the fee in place during the appeal was filed on June 18, 2026.
Background and demand
Introduced through a presidential proclamation in September 2025, the $100,000 fee mainly targets new H-1B applications filed for workers living outside the United States. It does not apply to visa extensions or status changes for people already in the country, meaning many existing H-1B holders are unaffected by the charge.
Even with the steep price tag, employers have continued to use the programme in large numbers. During testimony in early June 2026, DHS Secretary Markwayne Mullin said that more than 200,000 of the roughly 286,000 H-1B applications submitted for fiscal year 2026 included the $100,000 payment. According to the department, those applications received somewhat faster processing.
What happens next?
The First Circuit’s decision on whether to grant the administration’s stay request will be closely watched by employers, universities and immigration advocates. If the court sides with the government, the $100,000 fee could continue to be collected from new H-1B applicants while the legal battle plays out. If not, enforcement of the policy could remain blocked.
The case could ultimately decide the future of high-skilled immigration to the United States and determine how much power a president has to impose major financial restrictions on visa programmes without approval from Congress.