US Appeals Court Keeps Block on Proposed One Hundred Thousand Dollar H1B Visa Fee

A United States federal appeals court has declined to suspend an earlier ruling that blocked the proposed one hundred thousand dollar fee for certain new H1B visa applications. The decision allows the lower court’s order to remain in effect while the legal dispute continues.

The proposed fee, announced by the Trump administration as part of efforts to discourage misuse of the H1B visa programme, was challenged in court soon after it was introduced. Several state attorneys general argued that the administration did not have the authority to impose such a charge without approval from Congress.

A federal district court had previously ruled that the proposed fee amounted to an unlawful tax because it had not been authorised through the legislative process. The appeals court has now refused the government’s request to temporarily set aside that judgment, meaning the earlier decision remains effective for now.

The proposed policy applied only to certain new H1B visa petitions and did not affect individuals already working in the United States on valid H1B status or those changing status from student visas under existing rules.

The H1B programme is widely used by technology companies and other employers to recruit highly skilled professionals from overseas. India remains one of the largest sources of H1B visa holders, making the legal challenge closely watched by employers, immigration lawyers and applicants.

Although the latest ruling provides temporary relief, the legal process is not over. The federal government may continue pursuing the case through further judicial proceedings, leaving the final outcome to be decided at a later stage.