First Circuit Keeps Injunction Blocking $100K H-1B Visa Fee
The First Circuit refused to reinstate the $100,000 H-1B visa fee during appeal.
Why it matters: This ruling stops enforcement of a controversial fee hike, affecting employers and immigration lawyers by preserving existing visa costs while litigation proceeds.
- $100,000 H-1B fee was introduced by Presidential Proclamation 10973 on Sept. 19, 2023.
- A Massachusetts court struck down the fee as an unauthorized tax on June 8, 2024.
- On July 24, 2024, the First Circuit denied the government’s request to pause this court injunction.
- The injunction blocking the fee remains effective pending the ongoing appeal, maintaining current visa fee levels.
The U.S. Court of Appeals for the First Circuit declined to pause an injunction that blocks enforcement of the $100,000 fee imposed on new H-1B visa applications. This means the fee cannot be collected while the legal battle continues.
The fee was established through Presidential Proclamation 10973 on September 19, 2023, and applied to petitions filed after September 21, 2023. However, on June 8, 2024, a federal judge in Massachusetts vacated the fee, ruling it was essentially a tax implemented without Congressional authorization, violating the Administrative Procedure Act.
Judge Leo T. Sorokin explained that the fee functions as a tax because hiring H-1B workers is legally permitted and the fee wasn’t linked to any wrongdoing or regulatory purpose. He emphasized that taxing power lies with Congress, not the President, under the immigration laws.
The injunction arose from a lawsuit by 20 states challenging the fee. The government requested a stay on July 24, 2024, aiming to continue collecting the fee during appeal. The First Circuit rejected this request, keeping the injunction—and the bar on fee collection—in place.
For employers and immigration attorneys, the ruling preserves current H-1B petition costs. It prevents enforcement of the disputed $100,000 fee pending the appeal’s outcome.
More information is available on the First Circuit Court of Appeals website and from detailed legal analysis at Alston & Bird’s publication.
By the numbers:
- $100,000 — proposed H-1B visa fee introduced in Sept. 2023.
- June 8, 2024 — date Massachusetts federal court vacated the fee.
- July 24, 2024 — First Circuit denied government’s motion to stay injunction.
Yes, but: While the injunction blocks fee enforcement during appeal, final resolution depends on the appellate decision, which could reinstate the fee.
What's next: The government’s appeal of the fee injunction is ongoing, with a decision expected later in 2024.