US court strikes down Donald Trump’s $100,000 H-1B visa fee as unlawful
3 min readBostonUpdated: Jun 9, 2026 08:15 AM IST
A US federal judge has struck down a $100,000 fee imposed by President Donald Trump on new H-1B visas, ruling that the charge was unlawful, Reuters reported.
US District Judge Leo Sorokin in Boston said the fee amounted to a tax, which the president did not have the authority to introduce without approval from Congress.
What did the judge say?
“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote, according to Reuters.
The case was brought by 20 Democratic state attorneys general who challenged the fee announced by Trump in September.
The administration had argued that the charge was a penalty allowed under immigration law, which gives the president powers to restrict entry of foreign nationals in certain cases. But the judge rejected that argument and said federal agencies could not enforce the fee.
How did the White House respond?
The White House said it disagreed with the ruling and plans to challenge it in a higher court.
“President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests,” a spokesperson said, according to Reuters.
Story continues below this ad
Why was the fee introduced?
The H-1B visa programme allows US companies to hire foreign workers in specialised roles. It offers 65,000 visas each year, with an additional 20,000 for people with advanced degrees.
Before the change, employers usually paid between $2,000 and $5,000 in fees. Trump raised this sharply, saying the programme was being misused to replace American workers.
The new fee did not apply to many foreign students already in the US, who form a large share of H-1B recipients.
How widely was the fee used?
Few companies paid the higher fee after it was introduced. According to a court filing cited by Reuters, only 85 payments had been made by mid-February.
Story continues below this ad
The policy also led to multiple legal challenges, including a separate case filed by the US Chamber of Commerce.
US H-1B Visa Fee Hike: The Chamber’s complaint underlines that while the president has authority over entry of noncitizens that authority is bound by statute and cannot directly contradict laws passed by Congress. (File Photo/ Representational)
What are states saying?
California Attorney General Rob Bonta, who led the case, welcomed the ruling.
“This tax was an attack on America’s ability to attract and retain the high-skilled talent that strengthens our economy,” he said, according to Reuters.
The ruling is seen by the states as support for maintaining access to skilled foreign workers in the US.
Stay updated with the latest – Click here to follow us on Instagram