US judge rules Trump's $100,000 H-1B visa fee illegal

Elaha Tue Jun 2026 3 months ago 522

Leo Sorokin, a federal judge in Boston, declared that this amount is in effect an illegal tax that Congress never authorized.


He issued this ruling in response to a lawsuit filed by 20 Democratic state attorneys general. The suit was against a plan that Trump had announced in September, under which the H-1B visa fee had been dramatically increased. U.S. tech companies have a significant reliance on this type of visa to attract skilled foreign workers.


The Trump administration had argued that this fee was actually a lawful penalty and that the president has the authority under federal immigration laws to impose it. Under those laws, the president can restrict the entry of certain foreign nationals if he deems it a "threat to U.S. interests."


But Sorokin emphasized in his ruling that this amount is not a penalty but rather a form of tax, and the president lacks the authority to impose such a tax without congressional approval. He also stated that the U.S. Department of State and the U.S. Citizenship and Immigration Services lack the authority to enforce this fee.


A portion of the ruling states: "The nature and manner of implementing this $100,000 payment indicate that this amount is a tax, regardless of what name is chosen for it."


In response, Taylor Rogers, a White House spokesperson, stated in a release that the Trump administration is confident this ruling will be overturned on appeal.


She added: "The president has clear legal authority to restrict the entry of any group of foreign nationals that he determines are not in America's interest, and he has acted precisely on that basis."


The H-1B visa program issues 65,000 visas annually, with an additional 20,000 visas set aside for individuals with advanced degrees. These visas are typically valid for between three and six years.


Before Trump's decision, employers seeking H-1B visas to hire foreign workers usually paid between $2,000 and $5,000 in fees, depending on the circumstances; but with the implementation of the new plan, this amount had risen to $100,000.

A U.S. federal judge on Monday, June 8, overturned the $100,000 fee set by Donald Trump, President of the United States, for new H-1B visas.

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