Federal Judge Strikes Down Trump’s $100,000 H-1B Visa Fee

A federal judge in Boston has struck down the $100,000 fee imposed by U.S. President Donald Trump on new H-1B visas, ruling that the charge amounted to an unlawful tax that was never authorized by Congress. U.S. District Judge Leo Sorokin said the fee could not be enforced by the State Department or U.S. Citizenship and Immigration Services, rejecting the administration’s argument that it was a lawful penalty under federal immigration law.

The ruling came in response to a lawsuit filed by 20 Democratic state attorneys general who challenged the fee announced by Trump in September. Judge Sorokin concluded that, despite being labeled a penalty, the payment functioned as a tax and therefore required congressional approval. The decision referenced a recent U.S. Supreme Court ruling that limited presidential authority to impose broad tariffs without explicit authorization from Congress.

The H-1B visa program, widely used by technology and other industries to hire highly skilled foreign workers, typically involves employer fees ranging from $2,000 to $5,000. Trump had defended the steep increase as a measure to protect American workers, arguing that the program had been exploited to replace domestic labor. However, California Attorney General Rob Bonta welcomed the court’s decision, calling the fee an unlawful burden that threatened America’s ability to attract global talent. The White House has indicated it will appeal the ruling.