First Circuit Denies Stay on $100K H-1B Fee

A federal appeals court in Boston, the First Circuit, rejected the Trump administration’s bid to halt a judge’s order blocking a $100,000 fee on new H-1B visas for highly skilled foreign workers. The 1st U.S. Circuit Court of Appeals panel, all appointed by Democratic presidents, declined to stay the June 8 ruling that found the fee to be an unlawful tax not authorized by Congress. The decision follows a September proclamation raising H-1B costs intended to fund tech staffing programs reliant on skilled foreign workers. The H-1B program remains 65,000 visas annually plus 20,000 for advanced degrees, typically valid for three to six years. Employers had previously paid roughly $2,000 to $5,000 in related fees before the change, and only a small number have paid the new charge. The White House has given limited comment.