Judge Blocks Trump’s $100K Fee on H-1B Visa Applications
A judge ruled Trump’s $100,000 fee on H-1B visas unlawful as an unauthorized tax.
Why it matters: Legal and corporate immigration teams should prepare for changes in visa fee structures and compliance following the ruling. It may also affect hiring strategies for skilled foreign workers in key sectors like healthcare and technology.
- On June 8, 2026, Judge Leo Sorokin ruled the $100,000 fee an illegal tax without congressional approval.
- The fee was imposed by an executive order signed in September 2025 by President Trump.
- Twenty Democratic state attorneys general sued, arguing the fee exceeded presidential authority.
- The Department of Homeland Security plans to appeal, calling the ruling judicial overreach.
On June 8, 2026, U.S. District Judge Leo Sorokin struck down the Trump administration's $100,000 fee on new H-1B visa applications, ruling it was effectively a tax imposed without congressional approval. Judge Sorokin wrote, "Here, the substance and application of the $100,000 payment revealed that it is a tax, regardless of what the payment is called."
The fee had been introduced by President Donald Trump via an executive order signed on September 19, 2025, marking a massive increase from the prior $2,000–$5,000 fees. This hike aimed to curb the hiring of skilled foreign workers under the H-1B visa program, which annually allows 85,000 visas with 20,000 reserved for applicants holding advanced degrees (law commentary).
A coalition of 20 Democratic attorneys general challenged the fee, arguing it bypassed federal rulemaking processes and exceeded executive authority (law commentary). The fee had triggered widespread confusion and legal challenges in multiple jurisdictions, including lawsuits in Washington, Boston, and San Francisco (AP News).
The ruling was celebrated by the Massachusetts Attorney General for protecting essential labor sourcing in education, healthcare, and research communities. The American Medical Association also praised the verdict, highlighting its importance in addressing physician shortages (AP News).
Meanwhile, the Department of Homeland Security criticized the court’s decision as judicial overreach and confirmed plans to appeal, emphasizing that the fee aligned with Trump’s broader immigration reform efforts (AP News).
This decision reiterates that significant changes to immigration fees require congressional approval rather than unilateral executive action, a critical precedent for legal teams managing compliance and visa costs across major corporations and law firms.
By the numbers:
- $100,000 fee — imposed on new H-1B visa applications by executive order
- 20 Democratic state attorneys general — filed the lawsuit against the fee
- 85,000 H-1B visas annually — including 20,000 for advanced degree holders
Yes, but: The Department of Homeland Security has stated its intention to appeal, which could delay final resolution and further impact visa processing timelines.
What's next: The DHS appeal will be closely watched for its implications on executive authority over immigration fees and potential future policy shifts.