The Department of Homeland Security on 19 June filed an emergency motion with the U.S. Court of Appeals for the First Circuit asking for a stay of a district-court order that struck down President Trump’s controversial $100,000 supplemental fee on H-1B petitions filed through consular processing. In its brief, DHS argued that the charge is not a tax—as Judge Leo Sorokin had ruled on 8 June—but a lawful user fee authorized by the Immigration and Nationality Act and the executive’s plenary power to set conditions on the entry of non-citizens. The fee, introduced in late 2025, applies to employers who seek to bring workers from abroad rather than adjust status in the United States. Twenty Democratic-led states sued, calling it a barrier to talent and an unconstitutional tax imposed without congressional approval. Although Judge Sorokin vacated the rule, DHS now claims that every day without the surcharge “allows more aliens to enter despite the President’s determination that their entry would be detrimental.”
For global mobility teams, the litigation keeps cost forecasts in flux.
![DHS Urges Appeals Court to Reinstate Trump’s $100,000 H-1B Fee, Calling It a Legitimate Visa Surcharge]()
Amid such volatility, many employers are turning to platforms like VisaHQ for real-time insights on filing strategies, fee changes, and documentation checklists. VisaHQ’s U.S. portal (https://www.visahq.com/united-states/) consolidates government updates, offers fee calculators, and provides concierge support for both corporate and individual clients—helping organizations stay compliant and budget accurately even as policies shift.
Companies preparing October 1 start dates must decide whether to budget for the $100,000 outlay, escrow funds, or hold job offers pending clarity. If the stay is granted, consular petitions filed this summer could again trigger the fee; if not, employers may recoup earlier payments. The uncertainty also widens the cost divide between in-country F-1/OPT conversions (exempt) and hires recruited directly overseas. Strategically, firms may accelerate in-country conversions, favour L-1 transfers, or shift talent to Canada and the U.K.—jurisdictions now actively marketing themselves as H-1B alternatives. Immigration counsel recommend filing affected petitions as early as possible, clearly labeling fee calculations, and documenting contingency budgets in offer letters. The broader policy battle—whether presidents can use fee power to throttle visa demand—will shape future user charges that could hit L-1, O-1, or student visas. A First-Circuit stay would signal judicial tolerance for aggressive fiscal levers in immigration policy; a denial could curb executive experimentation and hand cost relief to employers dependent on foreign STEM talent.
For global mobility teams, the litigation keeps cost forecasts in flux.
Amid such volatility, many employers are turning to platforms like VisaHQ for real-time insights on filing strategies, fee changes, and documentation checklists. VisaHQ’s U.S. portal (https://www.visahq.com/united-states/) consolidates government updates, offers fee calculators, and provides concierge support for both corporate and individual clients—helping organizations stay compliant and budget accurately even as policies shift.
Companies preparing October 1 start dates must decide whether to budget for the $100,000 outlay, escrow funds, or hold job offers pending clarity. If the stay is granted, consular petitions filed this summer could again trigger the fee; if not, employers may recoup earlier payments. The uncertainty also widens the cost divide between in-country F-1/OPT conversions (exempt) and hires recruited directly overseas. Strategically, firms may accelerate in-country conversions, favour L-1 transfers, or shift talent to Canada and the U.K.—jurisdictions now actively marketing themselves as H-1B alternatives. Immigration counsel recommend filing affected petitions as early as possible, clearly labeling fee calculations, and documenting contingency budgets in offer letters. The broader policy battle—whether presidents can use fee power to throttle visa demand—will shape future user charges that could hit L-1, O-1, or student visas. A First-Circuit stay would signal judicial tolerance for aggressive fiscal levers in immigration policy; a denial could curb executive experimentation and hand cost relief to employers dependent on foreign STEM talent.
