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Federal Judge Strikes Down Trump’s $100,000 H-1B Visa Fee Requirement
A federal judge ruled on Monday that the $100,000 fee Trump imposed on H-1B visa applications was unlawful, striking down one of the administration’s key immigration measures targeting skilled foreign workers.
U.S. District Judge Leo Sorokin of Boston found the payment was a tax, not a penalty, and that the president lacked authority to impose it without congressional approval. His 42-page ruling also barred the State Department and U.S. Citizenship and Immigration Services from enforcing the requirement.
Sorokin, appointed by former President Barack Obama, applied reasoning from a February Supreme Court decision that struck down Trump’s tariffs issued under emergency authority. He concluded that immigration law, like the emergency statute in that case, does not permit the president to levy taxes.
Inside Trump’s case for the $100,000 H-1B visa fee
The H-1B program allows U.S. companies to hire foreign workers for specialized roles. Applicants must hold at least a bachelor’s degree. Visas are approved for three years with a possible three-year extension.
Each year, the program makes 65,000 visa slots available, along with a separate pool of 20,000 set aside for applicants holding advanced degrees.
Trump's $100,000 H-1B visa fee has been blocked by a judge.
Judge Leo Sorokin ruled the new fee for highly skilled foreign workers is unlawful and that it amounts to an unauthorised tax. pic.twitter.com/v1J9Np5qyV
— Pubity (@pubity) June 9, 2026
Employers typically paid $2,000 to $5,000 in fees before the order. Economists say the program helps American companies stay competitive and creates domestic jobs.
Trump announced the $100,000 H-1B visa requirement in September, saying the program had been misused to replace American workers with cheaper foreign labor.
The fee did not apply to foreign nationals already in the country on student visas, who represent a significant portion of new applicants.
The requirement saw little uptake. USCIS recorded only 85 payments as of Feb. 15, according to a March court filing.
Attorneys General celebrate as administration vows to appeal
Twenty Democratic attorneys general filed the lawsuit in December. California Attorney General Rob Bonta, who led the group, said that the ruling protects the country’s ability to attract skilled workers, on which the economy depends.
New York Attorney General Letitia James said that it blocked what she called an unlawful effort to undermine the program and the jobs it supports.
The administration defended the policy as a lawful use of presidential authority over immigration. White House spokeswoman Taylor Rogers said that the ruling would be appealed, adding that the president has the authority to restrict the entry of foreign nationals deemed harmful to American interests.
Justice Department spokeswoman Natalie Baldassarre said that the department would continue holding companies accountable for misusing the program.
At least three lawsuits have targeted the fee. A federal judge in Washington ruled in December in favor of the administration in a separate case brought by the U.S. Chamber of Commerce, which is appealing that outcome.
The administration has also called for stricter applicant screening and put forward a revised selection process designed to give priority to foreign workers with higher qualifications and better pay.
