A federal judge has struck down the $100,000 fee the Trump administration imposed on new H-1B visas for skilled foreign workers, ruling the policy unlawful nationwide. U.S. District Judge Leo Sorokin in Massachusetts delivered the 42-page decision on Monday, concluding the federal government overstepped its authority by imposing the fee without Congressional approval.
The judge labeled the $100,000 payment a “tax” rather than a regulatory fee, stating “The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.” Sorokin rejected the Trump administration’s argument that the executive branch had authority to levy the fee without Congress delegating such power through statute.
Legal Challenge And Coalition Of States
Judge Sorokin sided with California and 19 other states that sued to block the fee. The coalition of Democratic-led states argued the administration exceeded its authority and that the fee usurped Congress’s power to set immigration policy and taxes. Sorokin, an appointee of former President Obama, agreed the administration lacked authority to impose the hefty fee on businesses without Congressional approval.
The states claimed the policy adversely affected their capacity to staff publicly funded colleges, universities, and healthcare facilities. The lawsuit challenged Trump’s September 2025 proclamation that added the $100,000 fee on top of existing application costs that already run to several thousand dollars.
Why This Matters For Foreign Workers And Companies
The ruling provides a reprieve for U.S. technology companies and educational institutions that rely on hiring skilled foreign workers through the H-1B visa program. The program, in place since 1990, allows for 85,000 visas annually, including 20,000 allocated to applicants with advanced degrees. The Trump administration’s fee represented a 20 to 50 times increase over existing charges, dramatically escalating expenses associated with securing H-1B visas.
The government said it would appeal the decision, which is a blow for the Trump administration’s campaign to restrict immigration and boost demand for U.S. workers. The final order declares the policy implementing the proclamation unlawful and vacated in its entirety. Individuals seeking information about H-1B visa applications should consult official U.S. Citizenship and Immigration Services resources or qualified immigration attorneys for current policy guidance.
