Federal Judge Blocks Trump's $100,000 H-1B Visa Fee

U.S. District Court Judge Leo Sorokin struck down President Trump's $100,000 fee on new H-1B visas on June 8, 2026, ruling it constituted an unlawful tax Congress never authorized. Trump announced the fee in September 2025 as part of his immigration reforms. As of February 15, 2026, only 85 payments had been received, down from typical fees of $2,000-$5,000. The policy was challenged by nearly two dozen Democratic state attorneys general.

H-1B visa fee ruling

• ▪Judge Leo Sorokin was appointed by former Democratic President Barack Obama
• ▪Judge Leo Sorokin ruled the $100,000 H-1B visa fee was not a penalty but a tax that President Trump lacked any authorization from Congress to issue
• ▪Judge Leo Sorokin found the $100,000 H-1B visa fee constituted an unlawful tax Congress never authorized
• ▪The ruling on the $100,000 H-1B visa fee can still be appealed in higher courts
• ▪Judge Leo Sorokin issued the ruling in Boston in a lawsuit filed by nearly two dozen Democratic state attorneys general
• ▪Judge Leo Sorokin declared the policy implementing the $100,000 H-1B visa fee proclamation unlawful and vacated it in its entirety
• ▪Twenty Democratic state attorneys general challenged the $100,000 H-1B visa fee President Trump announced in September 2025
• ▪U.S. District Court Judge Leo Sorokin struck down President Donald Trump's policy imposing a $100,000 fee on new H-1B visas on June 8, 2026
• ▪Judge Leo Sorokin wrote in his 42-page ruling that the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called

Trump immigration policy

• ▪President Trump's $100,000 H-1B visa fees were part of a broader strategy to favor U.S. citizens over foreign workers
• ▪Immigration reforms and deportation crackdown were centerpieces of President Trump's 2024 campaign
• ▪President Donald Trump announced the $100,000 H-1B visa fee in September 2025
• ▪The higher H-1B visa costs came amid the Trump administration's central immigration reforms and deportation crackdown

H-1B program structure

• ▪The H-1B visa program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees
• ▪H-1B visas are popular among the tech sector and universities to hire foreign skilled workers
• ▪Employers seeking an H-1B visa for a foreign worker before Trump's proclamation typically paid about $2,000 to $5,000 in fees depending on various factors

Fee impact on applications

• ▪The increase in H-1B visa fees has discouraged H-1B visa requests, according to court filings
• ▪As of February 15, 2026, U.S. Citizenship and Immigration Services had received just 85 payments of the $100,000 H-1B visa fee

Perspective of Democratic state attorneys general

• ▪Nearly two dozen Democratic state attorneys general filed the lawsuit that resulted in the June 8, 2026 ruling striking down the $100,000 H-1B visa fee

Perspective of Tech companies and universities

• ▪Tech companies and universities commonly use H-1B visas to hire foreign skilled workers and were affected by the $100,000 fee policy