Key Points
Federal judge ruled $100,000 H-1B fee unlawful and beyond Trump's authority.
Twenty state attorneys general won the lawsuit challenging the September 2025 charge.
Fee raised visa costs over 20 times higher, burdening tech companies and hospitals.
Trump administration plans to appeal the decision in higher courts.
A US federal court struck down President Trump’s $100,000 H-1B visa fee on June 8, 2026, ruling the charge unlawful and beyond presidential authority. US District Judge Leo Sorokin found the fee violated the separation of powers and operated as an unlawful tax. The decision hands a legal victory to 20 states and Indian professionals seeking US work visas.
Judge Finds Fee Exceeds Presidential Power
US District Judge Leo Sorokin issued a 42-page ruling that rejected the $100,000 fee entirely. The judge concluded that President Trump had no legal authority to impose a tax on H-1B petitions without Congress. Sorokin ruled the fee violated the separation of powers doctrine and the Administrative Procedure Act.
Why the Fee Triggered Legal Action
Trump imposed the $100,000 charge in September 2025 through a presidential proclamation. The fee raised the cost of H-1B visas over 20 times higher than the previous rate. Twenty state attorneys general, led by California, sued the administration, arguing the charge damaged their ability to hire workers at public institutions like hospitals, schools, and colleges.
Impact on Indian Workers and Tech Companies
The ruling removes a major barrier for Indian professionals seeking US work visas. Tech companies, hospitals, and schools that rely on H-1B workers celebrated the decision. Former Meta engineer Zach Wilson stated on social media that the heavy fees had made it depressing to advise Indian students looking for US tech jobs. The White House said it will appeal the decision.
What Happens Next
The Trump administration plans to challenge the ruling in appeals court. White House spokeswoman Taylor Rogers said the administration remains confident the order will be reversed. A separate federal court in Washington DC has already upheld a nearly identical order, adding complexity to the legal landscape. The case could ultimately reach higher courts.
Final Thoughts
The court’s decision removes the $100,000 H-1B fee, clearing a path for Indian professionals to work in the US. However, the Trump administration’s appeal means legal uncertainty persists for visa applicants.
FAQs
Trump imposed a $100,000 charge on H-1B visa petitions in September 2025, increasing costs over 20 times. The fee applied to employers hiring skilled foreign workers.
Judge Sorokin ruled the fee constituted an unlawful tax that only Congress can impose. Trump lacked authority to levy taxes under immigration law.
Twenty state attorneys general, led by California, filed the lawsuit, arguing the fee harmed hiring at public hospitals, schools, and colleges.
Disclaimer:
The content shared by Meyka AI PTY LTD is solely for research and informational purposes. Meyka is not a financial advisory service, and the information provided should not be considered investment or trading advice.
About Author

Danny Kontos
Co FounderDanny Kontos has been a stock investor since 2007 and co-founded Meyka in 2023. He keeps a small, focused portfolio and only moves when the numbers are hard to argue with. He has waited years on a single position before. Before Meyka, he ran a web hosting company and a mortgage lending platform, so he knows what a well-run business actually looks like under the hood. This article did not come from a news cycle. It came from someone who has been watching this space for a long time.
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