Federal Judge Strikes Down Trump's $100,000 H-1B Visa Fee
A federal judge in Boston ruled Monday that President Trump's $100,000 fee for H-1B visa applications is unlawful. Judge Leo Sorokin determined the fee amounts to a tax that only Congress can impose, violating the Administrative Procedure Act. The Trump administration imposed the fee in September 2026, arguing the H-1B program was being misused to replace American workers. Only 85 applications with the fee had been processed by February. Twenty states, led by California, sued arguing the policy would harm their ability to hire teachers, doctors, and researchers. The White House says it will appeal, claiming the president has authority to restrict alien entry. Another federal judge in Washington previously upheld a similar order, creating conflicting rulings that may reach appeals courts.
Key facts
- Judge Leo Sorokin vacated the $100,000 fee nationwide in a 42-page decision on June 8, 2026
- Twenty Democratic-led states sued in December 2025 to block the fee; previous fees ranged from $960 to $7,595
- Trump issued the fee in a September 2025 proclamation claiming the H-1B program replaces American workers with lower-paid foreign labor
- Only 85 payments of the new fee had been made by February 2026
- Judge Sorokin labeled the fee a tax requiring Congressional approval, citing Supreme Court's February 2026 ruling against Trump's tariffs
How different outlets framed it
Left-leaning coverage: Left-leaning outlets stress that the ruling protects immigrant workers and vital services. New York's attorney general called it an end to the administration's attempt to destroy a critical program, noting H-1B workers contribute enormously to their state. State attorneys general highlighted staffing shortages in education, healthcare, and research would result from the policy.
Right-leaning coverage: Right-leaning sources highlight the administration's argument that the program has been abused for decades and Trump is taking necessary action. They note the White House statement asserting the president has clear legal authority to restrict alien entry and emphasize another judge upheld the fee, expecting appeal success.
Limits of this briefing
A conflicting federal court ruling in Washington upheld a similar H-1B policy, and multiple lawsuits are pending in different circuit courts, potentially leading to Supreme Court involvement. Limited reporting exists on the economic impact or specific industry concerns beyond tech.
Sources
- CNBC: Judge blocks Trump's $100,000 H-1B visa fee Centre
- NBC News / NPR: Federal judge strikes down Trump's $100000 fee on new H-1B visas Centre
- CNN: Federal judge voids Trump's $100,000 fee requirement for H-1B visas Left
- The Post Millennial: Federal judge blocks Trump's $100,000 H-1B visa fees, claims it's an unlawful tax Right
- Fox News: Federal judge strikes down Trump's $100,000 H-1B visa requirement Right