US court keeps $100,000 H-1B visa tax blocked for now

For international talent targeting the United States, the threat of an insurmountable financial barrier has moved aside—for the moment. A US appeals court has just rejected the Trump administration’s appeal to impose a $100,000 fee for obtaining an H-1B work visa.

The H-1B: a high-stakes golden ticket

The H-1B visa is the cornerstone of professional immigration in the United States. Granted to foreign workers with specialized expertise in fields such as engineering, tech, research, or medicine—and holding at least a bachelor’s degree—it is typically valid for three years and renewable once.

Each year, global competition (notably from Asia, Africa, and Europe) is intense:

• 65,000 visas form the regular annual cap.

• 20,000 additional visas are reserved for holders of advanced degrees from US universities or other qualifying programs.

Traditionally, standard H-1B filing fees—borne entirely by the employer—range between $2,000 and $5,000. The Trump administration’s attempt to impose a $100,000 tax was framed as a move to “combat program abuses and protect local jobs.” In practice, it would have made the visa inaccessible for most start-ups, SMEs, and foreign professionals seeking a foothold in the US.

Inside the July 2026 court decision

On Friday, July 24, 2026, the appeals court ruled in favor of a coalition of 20 states (led by California) that had sued to block the measure.

🏛️ Key legal reasoning in brief:

The court upheld Judge Leo Sorkin’s earlier findings: the proposed $100,000 hike was effectively an unauthorized tax. Under the Constitution’s separation of powers, Congress alone—not the President by executive action—may levy taxes or rewrite immigration policy. The administration’s method also violated the Administrative Procedure Act (APA).

Definitive victory? Some caution remains.

While the appeals court has blocked the fee increase, the litigation is not fully resolved. A parallel case brought by the powerful US Chamber of Commerce is still pending on appeal. Even a federal district court in Washington, D.C. had issued a temporary green light to the fee hike in December 2025. The appellate road is far from over.

What does this mean right now for you, travelers and expats?

Here are three immediate takeaways for your plans:

1. Standard fees remain unchanged—for now

For H-1B transfers and new filings, employers will not face a $100,000 cost shock. Relocation budgets are more realistic again, which should help restart stalled international hiring across sectors.

2. Brighter outlook for start-up hires

If your next US role is with a Silicon Valley, Austin, or New York start-up, hiring is now less likely to be derailed by a six-figure fee. Young tech companies can once again tap global talent pools without risking insolvency.

3. Processing-time pressures return to center stage

Eliminating the fee threat does not eliminate the visa process’s inherent complexity or multi-step timeline. Meticulous preparation remains essential for any expat move.

While the court’s decision to maintain the fee block is welcome news for global talent mobility, a critical note: our agency does not assist candidates with the H-1B application process itself because it is a sponsor-driven procedure. It must be managed by your future US employer’s HR team, almost always with specialized US immigration counsel.

What we can do is get you ready for the journey. If you need to enter the US earlier for face-to-face interviews, conferences, investor meetings, or to scout housing and neighborhoods, our experts are here to streamline and secure those steps—starting with:

• 🇺🇸 ESTA approvals for visa-exempt short-term visits under 90 days.