Judge Rules Against Trump’s $100k H-1B Visa Fee

A federal judge on Monday overturned a $100,000 fee that U. S. President Donald Trump had set for new H-1B visas aimed at highly skilled foreign workers, stating that it was an illegal tax not approved by Congress.

U. S. District Judge Leo Sorokin in Boston made the decision in response to a lawsuit brought by 20 Democratic state attorneys general who contested the fee Trump announced in September, which significantly increased the expense of acquiring H-1B visas-commonly used by tech companies to hire foreign talent.

The administration contended that the fee was a valid monetary penalty that the president could impose under federal immigration law, allowing him to restrict certain foreign nationals’ entry when it is deemed “detrimental to the interests of the United States.”

However, Sorokin determined that this fee functioned as a tax rather than a penalty and concluded that Trump did not have any congressional authorization to impose it; thus, neither the U. S. State Department nor U. S. Citizenship and Immigration Services were allowed to enforce it.

“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” wrote Sorokin, appointed by Democratic President Barack Obama.

President Donald Trump holds up an executive order establishing the ”Trump Gold Card” in the Oval Office at the White House on September 19, 2025 in Washington. (credit: Andrew Harnik/Getty Images)

The judge referenced a February ruling from the U. S. Supreme Court that invalidated Trump’s extensive tariffs imposed under emergency powers. According to Sorokin’s reasoning based on this ruling, Trump similarly lacked authority under immigration law to levy such a tax.

President has ‘clear legal authority to restrict entry of aliens’

White House spokeswoman Taylor Rogers stated confidently that they expect Sorokin’s decision will be reversed upon appeal.

“President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did,” she said.

The H-1B program allocates 65,000 visas each year along with another 20,000 for individuals holding advanced degrees; these visas are typically valid for three to six years. Before Trump’s proclamation regarding fees took effect, employers usually paid between $2,000 and $5,000 depending on various circumstances when applying for an H-1B visa for foreign workers.

In his announcement about this significant new charge, Trump claimed that “the H-1B program has been deliberately exploited to replace rather than supplement American workers with lower-paid lower-skilled labor.”

This hefty fee does not apply to foreign citizens already residing in the United States on student visas; these individuals typically represent a considerable portion of new H-1B recipients.

Since its implementation just before February 15th, very few employers have actually paid Trump’s fee. According to agency reports from March filings with USCIS officials indicated only 85 payments had been received for this $100k charge.

Enhanced vetting of H-1B applicants and new visa selection process

Additionally, Trump’s administration has mandated stricter screening processes for H-1B applicants while proposing an alternative visa selection method prioritizing higher-skilled and better-compensated workers.

This $100k charge prompted multiple lawsuits contesting its enforcement-including one from the U. S. Chamber of Commerce appealing against a December judgment made by a judge in Washington who dismissed its argument regarding Trump’s lack of authority over setting this fee.

California Attorney General Rob Bonta-who led the coalition filing suit against Trump-celebrated Sorokin’s verdict as successful in eliminating what he termed “Trump’s unlawful and costly $100k tax.”

“This tax was an attack on America’s ability to attract and retain high-skilled talent which strengthens our economy and helps us meet crucial workforce needs,” he remarked.

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