Federal Judge Voids Trump’s $100,000 H-1B Visa Fee, June 09

US District Judge Leo Sorokin in Boston struck down President Trump’s $100,000 fee on H-1B visa applications on June 8, 2026. The judge ruled the Trump administration lacked authority to impose the fee without congressional approval. The decision affects employers who hire skilled foreign workers in specialty occupations and represents a major setback for the administration’s immigration policy.

Judge Rules Fee Amounts to Unlawful Tax

Judge Sorokin issued a 42-page decision finding that the $100,000 payment functions as a tax, not a regulatory fee. The Constitution gives Congress, not the president, exclusive power to levy taxes. Sorokin wrote: “The President had no power or delegated authority to impose a tax on H-1B petitions.” The Trump administration had argued the Immigration and Nationality Act gave the president authority to implement the fee. The judge rejected this argument, stating Congress did not delegate tax-levying power in immigration law.

Coalition of 20 States Challenged the Policy

A coalition of 20 Democratic state attorneys general filed the lawsuit in December 2025, months after Trump announced the fee in September 2025. New York Attorney General Letitia James said the ruling “put an end to this administration’s illegal attempt to destroy this critical program.” The states argued the policy would impede their ability to hire doctors, teachers, and other skilled workers. The judge sided with the states in finding the fee violated the Administrative Procedure Act and the Constitution.

H-1B Program Costs and Current Fees

H-1B visas allow US employers to hire foreign workers in specialty occupations for up to six years. Congress capped the program at 65,000 visas annually, plus 20,000 for advanced-degree holders. Traditional H-1B filing costs range from $1,700 to $4,500. Trump’s $100,000 fee represented a 20-to-50 fold increase on existing rates. The fee was scheduled to expire in September 2026 before the court voided it. Tech companies are the largest users, with nearly three-quarters of approvals going to workers from India.

Multiple Lawsuits and Conflicting Rulings

The Boston ruling contradicts an earlier federal court decision upholding the fee. The US Chamber of Commerce sued in federal court in Washington, DC, and appealed a denial of summary judgment against the fee. Religious groups and labor organizations filed a separate lawsuit in federal court in San Francisco. These cases set up the possibility of divided rulings across three appellate court circuits. The Trump administration plans to appeal Sorokin’s decision.

Final Thoughts

Judge Sorokin’s ruling invalidates Trump’s $100,000 H-1B fee, citing lack of congressional authorization. The decision favors tech companies and healthcare employers relying on skilled foreign workers. Multiple appeals are expected across federal circuits.

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