Federal judge strikes down Trump's $100,000 H-1B visa fee

A federal judge on Monday invalidated President Donald Trump's $100,000 fee on H-1B visa applications for highly skilled foreign workers, concluding the charge constituted an unlawful tax that Congress never authorized.

US District Judge Leo Sorokin issued the 42-page ruling in Boston in a lawsuit filed by 20 Democratic state attorneys general challenging the fee Trump announced in September 2025. The judge found that the policy violated the federal Administrative Procedure Act and the Constitution.

The Trump administration announced the fee through an executive order signed on September 19, 2025. The charge represented a 20-to-50 fold increase over existing rates, which had ranged from $1,000 to $7,000 for H-1B visa applications.

In his ruling, Judge Sorokin determined that the $100,000 charge was a tax rather than a penalty or fee that the president was authorized to impose. The judge stated that only Congress holds the power to levy new taxes, and the Trump administration lacked constitutional authority to implement the measure unilaterally.

The Trump administration had argued that the fee constituted a lawful monetary penalty that the president was authorized to impose under federal immigration law, which grants the president power to restrict entry of certain foreign citizens when deemed necessary. The administration also contended the fee was needed to address what it characterized as "abuse" in H-1B visa issuance that it said harmed American workers.

The policy drew criticism from employers and business groups who argued the substantial fee would prevent them from hiring the specialized workers they required. During a Senate hearing the previous week, several legislators raised concerns about the obligation imposed by the fee.

The Trump administration said it would appeal the ruling. The decision vacates the sweeping fee, effectively restoring the previous fee structure for H-1B visa applications.