President Donald Trump takes a question from a reporter before signing executive orders in the Oval Office of the White House on September 19, 2025 in Washington, DC.
Andrew Harnik | getty images
The Trump administration said Thursday it will appeal a federal judge’s decision to strike down President Donald Trump’s $100,000 fee on H-1B visa applications, seeking to increase the fee by thousands of dollars.
Justice Department notice filed U.S. District Judge Leo Sorokin in Boston dropped the charges three days after ruling that Trump violated his authority by imposing the tax without congressional approval.
The decision was a blow to Trump’s effort to restrict the H-1B program, which was created in 1990 and is heavily used by US tech giants to bring in highly skilled workers from abroad. The program allows U.S. employers to seek government permission to hire nonimmigrant workers in specific occupations for up to six years.
Sorokin found that “the essence and application of the $100,000 payment suggests that it is a Tax,” and said that Congress has not delegated that power to the executive branch.
trump charged a fee by proclamation last September, arguing that the H-1B program was being abused and was displacing American workers.
Before their announcement, H-1B visa fees ranged from $2,000 to $5,000 per application.
Several companies, including Walmart, said they would halt their participation in the H-1B program as a result of Trump’s announcement.
The DOJ did not immediately respond to a request for comment.
