President Donald Trump answers questions from reporters before signing an executive order in the Oval Office of the White House on September 19, 2025 in Washington, DC.
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The Trump administration announced Thursday that it will appeal a federal judge’s ruling that canceled President Donald Trump’s $100,000 H-1B visa application fee and raised the fee by tens of thousands of dollars.
The Justice Department filed the notice three days after U.S. District Judge Leo Sorokin in Boston reversed the fee, ruling that President Trump exceeded his authority by imposing the tax amount without Congressional approval.
“The Department of Justice is committed to protecting American workers and fully supports President Trump’s America First policy,” a Justice Department spokesperson told CNBC in a statement. “Another court has already ruled in favor of the administration on this issue, and we will continue to hold companies accountable when they illegally exploit American workers and fail to use the H-1B program as intended.”
Monday’s decision was a blow to President Trump’s efforts to limit the H-1B program, which was created in 1990 and is heavily used by U.S. tech giants to attract highly skilled workers from abroad. The program allows U.S. employers to ask the government for permission to hire nonimmigrant workers in specialized occupations for up to six years.
“The nature and purpose of the $100,000 payment makes it clear that it is a tax,” Sorokin said, adding that Congress has not delegated that authority to the executive branch.
President Trump imposed the fee by proclamation last September, claiming the H-1B program was being abused and displacing American workers.
Before his declaration, H-1B visa fees ranged from $2,000 to $5,000 per application.
Several companies, including Walmart, announced they would suspend participation in the H-1B program in response to President Trump’s proclamation.
