A federal judge has struck down President Donald Trump’s $100,000 fee on new H-1B visa applications, ruling that the policy violates the Administrative Procedure Act and the Constitution. The decision, issued by U.S. District Judge Leo Sorokin in Massachusetts, found that the fee amounted to an unauthorized tax that Congress had not delegated to the executive branch.
Core Facts and Immediate Action
- Judge Sorokin’s Ruling: The judge vacated the Trump administration’s policy, stating that the $100,000 fee was a tax Congress had not authorized. The ruling is not yet legally binding, as the Trump administration plans to appeal.
- Trump Administration’s Justification: The administration argued the fee was necessary to curb abuse of the H-1B program, which it claimed had been exploited to replace American workers with lower-paid foreign labor.
Deeper Dive & Context
Legal and Policy Background
- H-1B Visa Program: The H-1B visa allows U.S. companies to hire foreign workers in specialty occupations for up to six years. Before the fee hike, applications cost between $2,000 and $5,000.
- Trump’s Proclamation: The $100,000 fee was introduced in September 2025 as part of broader immigration reforms. The administration cited national security and economic concerns as justification.
Opposing Perspectives
- States’ Lawsuit: Twenty Democratic-led states, including California and New York, sued the administration, arguing the fee would hinder their ability to hire critical workers like doctors and teachers.
- Business Community Reaction: The U.S. Chamber of Commerce also sued, challenging the fee’s legality and economic impact on tech companies, which are the largest users of the H-1B program.
Long-Term Implications
- Appeal Process: The Trump administration has indicated it will appeal the ruling, potentially prolonging legal uncertainty around the fee.
- Program Usage: Nearly three-quarters of H-1B visas go to workers from India, with tech giants like Amazon and Microsoft among the largest sponsors.
Additional Context
- Supreme Court Precedent: Judge Sorokin cited the Supreme Court’s February 2025 ruling, which struck down Trump’s tariffs as unauthorized taxes, as a key legal precedent.
- Administrative Procedure Act: The judge ruled that the fee violated the APA, which governs how federal agencies develop and issue regulations.