Federal judge blocks Trump’s $100,000 H-1B visa fee, calling it an illegal tax
A Boston federal judge ruled the fee is a tax that Congress never authorized, dealing a blow to Trump’s immigration agenda.
The ruling
U.S. District Judge Leo Sorokin in Boston struck down the Trump administration’s $100,000 fee imposed on new H-1B visa applications, finding it an unconstitutional tax. The June 8 ruling grants a preliminary injunction sought by 20 Democratic state attorneys general who argued the fee severely hampered their ability to hire specialized workers at public colleges and hospitals. Sorokin said Congress alone holds taxing power, and the president’s September 2025 proclamation exceeded his authority.
Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.
Sorokin, an Obama appointee, leaned on two Supreme Court precedents: the 2012 decision that characterized the Affordable Care Act’s individual mandate as a tax, and the 2026 ruling that blocked Trump’s global tariffs because Congress had not authorized them.
A dramatic drop in applications
The H-1B program permits up to 85,000 new hires each year (65,000 base, plus 20,000 for advanced-degree holders), offering work authorization for three years, extendable to six. Before Trump’s action, employers paid roughly between $2,000 and $5,000 in total fees. The $100,000 fee caused demand to collapse: USCIS received only 85 payments by February 15, 2026.
- Pre-Trump fee (high end)
- 5000 $
- Trump's fee
- 100000 $
Conflicting court decisions
Six months earlier, a D.C. federal judge reached the opposite conclusion. In December 2025, U.S. District Judge Howell upheld the fee when the U.S. Chamber of Commerce and the Association of American Universities sued; the judge ruled Congress had delegated sufficient authority. That case is now on appeal, and Sorokin’s decision explicitly incorporated the Supreme Court’s subsequent tariff ruling that narrowed executive taxing power.
- Trump issues proclamation setting the $100,000 fee for H-1B visa applications.
- A D.C. federal judge upholds the fee, dismissing a challenge by the U.S. Chamber of Commerce.
- USCIS reports receiving only 85 payments of the new fee.
- Boston judge Sorokin strikes down the fee as an unlawful tax.
Next steps
The White House quickly signaled it would fight the ruling. Spokesperson Taylor Rogers pointed to the earlier D.C. decision and said officials are confident the Boston order will be reversed on appeal. The underlying debate remains unresolved: Trump has called abuse of the H-1B program a “national security threat,” while universities, tech firms, and countries like India—whose nationals receive roughly 75 percent of H-1B visas—argue the fee chokes off essential talent.
A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal.
