DHS Appeals H-1B Visa Fee Block, Citing Irreparable Damage

The Department of Homeland Security (DHS) has urged the US Court of Appeals for the First Circuit to stay a federal judge’s order blocking the Trump administration’s controversial $100,000 H‑1B visa fee, arguing that the injunction risks undermining immigration enforcement and causing “irreparable damage”, according to a report by Bloomberg. On September 19, 2025, President Trump signed the Proclamation requiring a $100,000 payment for certain H-1B petitions as a restriction on the entry of alien beneficiaries. The President issued this Proclamation because he found that the abuse of the H-1B program led to “[t]he large-scale replacement of American workers,” “suppressed wages,” and created “a disadvantageous labor market for American citizens,” which “has undermined both our economic and national security.”

Appeal against Judge Sorokin’s ruling

On June 8, Judge Leo Sorokin of the US District Court in Massachusetts vacated the fee, siding with 20 Democratic-led states that challenged the policy. Sorokin ruled the measure violated the separation of powers by encroaching on Congress’ executive authority to impose taxes. As per the Bloomberg report, DHS, in its June 18 filling, said the judge erred in treating the fee as an unauthorised tax. The department argued that the President has broad authority under immigration law to impose such measures, and even if the fee were considered tax, the President would still have proper authority to order it.

DHS: “Every day that passes…”

The government warned that blocking the fee allows more foreign workers to enter the US despite the president’s determination that their entry could be detrimental. “Every day that passes more aliens can petition and enter the country… And even if Defendants ultimately prevail on appeal, it will be difficult to revoke those visas and remove aliens who did not pay,” DHS wrote in its motion.

Impact on Amazon, tech firms

The $100,000 fee, introduced by President Trump, was part of a broader push to restrict immigration and reduce reliance on foreign labor. Tech companies, including Amazon, Google, and Microsoft, have warned that the fee could severely disrupt hiring of highly skilled workers.

Multiple Lawsuits Pending

The Massachusetts case, State of California et al. v. Mullin (1st Cir., No. 26‑01699), is one of at least three lawsuits challenging the H‑1B fee. Parallel cases are pending in the D.C. Circuit and the Northern District of California, underscoring the national stakes of the policy. Judge Sorokin agreed on June 12 to pause his decision temporarily, pending the First Circuit’s ruling on DHS’s motion for a stay.