Boston, June 8: A federal judge in the United States has ruled that President Donald Trump’s controversial $100,000 fee on new H-1B visa applications is unlawful, dealing a significant setback to a policy aimed at restricting the entry of highly skilled foreign workers.
U.S. District Judge Leo Sorokin, based in Boston, issued the ruling on Monday in response to a lawsuit filed by a coalition of 20 Democratic state attorneys general. The lawsuit challenged the legality of the fee, which the Trump administration announced in September 2025 and dramatically increased the cost of obtaining certain H-1B visas.
The policy raised the cost of sponsoring new H-1B visa applicants from the previous range of approximately $2,000–$5,000 to as much as $100,000 per petition. The fee primarily applies to foreign professionals seeking to enter the United States under the H-1B program, which employers widely use to hire skilled workers in fields such as technology, healthcare, engineering, education, and science.
In his ruling, Judge Sorokin concluded that the fee effectively functioned as a tax and therefore required authorization from Congress. Since no such approval had been granted, the court found the measure unlawful and ordered it to be invalidated.
The Democratic-led states argued that the fee exceeded presidential authority and would worsen labor shortages in sectors that depend heavily on highly skilled foreign workers. They contended that the measure would discourage employers from hiring international talent and create additional barriers for businesses and institutions already facing workforce challenges.
The Trump administration had defended the policy as a tool to protect American workers and reduce perceived misuse of the H-1B visa system. However, the court's decision marks a major legal setback for that effort and could have broader implications for the scope of presidential authority to impose immigration-related fees without congressional approval.
The White House had not issued an official response to the ruling at the time of publication. Legal experts say the administration may seek to appeal the decision or request a stay pending further proceedings.
The H-1B visa program remains one of the most important pathways for U.S. companies to recruit highly skilled foreign professionals, particularly in the technology sector, where Indian workers make up a significant share of visa holders.
