By Reuters — June 8, 2026
A federal judge in Boston has invalidated the $100,000 fee President Donald Trump imposed on new H‑1B visas, finding it to be an unauthorized tax that Congress never approved. U.S. District Judge Leo Sorokin issued the ruling in a lawsuit brought by 20 Democratic state attorneys general challenging the September proclamation that sharply raised the cost of hiring highly skilled foreign workers.
The H‑1B program annually provides 65,000 visas plus 20,000 additional slots for those with advanced degrees, typically for three to six years. Before the proclamation, employers seeking H‑1B workers generally paid roughly $2,000 to $5,000 in various fees. Court filings say the fee hike discouraged applications; the administration told the court that as of Feb. 15, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 amount.
The Biden-appointed judge — Sorokin was originally appointed by President Barack Obama — rejected the administration’s argument that the charge was a monetary penalty the president could impose under federal immigration law to limit entry. Sorokin said the measure functions as a tax and therefore required congressional authorization.
“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” he wrote.
The White House did not immediately respond to requests for comment.
(Edited by Srabastee Biswas)