Federal judge blocks Trump’s $100,000 H-1B visa fee, calling it unauthorized

Administration tells appeals court $100,000 H-1B fee is immigration restriction, not tax, seeking reversal of lower court ruling.

What is the H-1B visa programme and who uses it? Why did the Trump administration impose the $100,000 fee? What impact was the policy expected to have on States and employers? Did the President have the authority to impose the fee? Why did the court classify the charge as a tax rather than a penalty?

This week, a federal judge struck down the Trump administration's $100,000 fee on new H-1B visas. The much higher fee was intended to prevent foreign workers from taking American jobs. But some business owners say the U.S. depends on that talent. Shanelle Kaul reports.

The Trump administration is appealing a federal court ruling that blocked its $100,000 H-1B visa application fee. The Justice Department stated its commitment to protecting American workers and holding companies accountable for exploiting the visa system. This move follows a judge's decision that the fee exceeded executive authority and functioned as an unapproved tax.

WASHINGTON — President Donald Trump last year dramatically ratcheted up the fee for H-1B work visas to $100,000, saying it would protect American workers from losing their jobs to lower-paid foreigners. But on Monday a federal judge struck down the fees, siding with 20 states and ruling that the Trump administration exceeded its authority by raising the charge without congressional approval. READ: Filipinos on H1-B visas told to postpone travel outside US Many tech companies and universities rely on the H-1B program to fill openings for skilled jobs. But critics charge the visa program has been used to replace American […]...Keep on reading: Trump's $100,000 H-1B visa fee: What to know about it, legal rebuke too

On Monday a federal judge struck down the fees, siding with 20 states and ruling that the Trump administration exceeded its authority by raising the charge without congressional approval.

A federal judge struck down the fee three days ago, ruling Trump exceeded his authority by imposing what amounted to an unauthorized tax

A court blocked Trump’s H‑1B fee hike, reopening access to foreign talent. But for many U.S. employers, the bigger hiring crisis is just beginning.

The appeal follows a ruling that President Donald Trump exceeded his authority by imposing a $100,000 H-1B visa application fee without approval from Congress.

The Trump administration will appeal a federal judge’s order striking down a $100,000 fee for H-1B visa applications.

The Massachusetts court decision goes against a previous ruling upholding the $100,000 H-1B fee, with a third lawsuit still to be heard. The post Trump’s $100,000 H-1B fee ruled unlawful appeared first on The PIE News.

U.S. District Judge Leo Sorokin struck down the fee, saying it exceeds the president's statutory authority and violates the separation of powers.

Many tech companies and universities rely on the H-1B program to fill openings for skilled jobs, and universities use it to lure top researchers.

A federal judge has voided President Trump's $100,000 H-1B visas, ruling the charge unlawful. CBS News' Shanelle Kaul has more.

WASHINGTON — President Donald Trump last year dramatically ratched up the fee for H-1B work visas to $100,000 , saying it would protect American workers from losing their jobs to lower-paid foreigners. But on Monday a federal judge struck down the fees, siding with 20 states and ruling that the Trump administration exceeded its authority by raising the fee without congressional approval. Many tech companies and universities rely on the H-1B program to fill openings for skilled jobs, and universities use it to lure top researchers. But critics charge the visa program has been used to replace American tech workers. Here’s a look at the visa program, Trump’s fee and the court’s decision. What are H-1B visas and who uses them? Created by the 1990 Immigration Act, they are a type of nonimmigrant visa, meant to allow American companies to bring in people with technical skills that are hard to find in the United States. The visas are not intended for people who want to stay permanently. Some eventually do, but only after transitioning to different immigration statuses. An H-1B allows emp

President Donald Trump last year dramatically ratched up the fee for H-1B work visas to $100,000, saying it would protect American workers from losing their jobs to lower-paid foreigners

President Trump on Tuesday slammed a federal judge for striking down his proclamation that would have implemented a $100,000 fee for H-1B visa applications. “These federal judges are really giving us a hard time. It is really crazy what’s going on with the court system,” Trump told reporters in New York before boarding Air Force...

A federal judge on Monday struck down the Trump administration's $100,000 fee on new H-1B visas. The administration announced the fee as a way of preventing foreign workers from taking American jobs.

The court held that the fee amounted to an unlawful tax that Congress had not authorised.

A US federal judge blocked President Trump's $100,000 fee on H-1B visa applications, ruling it violated separation of powers. The decision favors employers and foreign skilled workers, particularly benefiting Indian professionals amidst ongoing debates about the program's impact on American jobs.

A federal judge struck down a $100,000 fee President Donald Trump ordered for H-1B visa applications, providing a reprieve for US technology companies that rely on hiring skilled foreign workers. Bloomberg's Sankalp Phartiyal breaks down the developments. (Source: Bloomberg)

U.S. District Judge Leo Sorokin concluded that the fee on the visas for highly skilled foreign workers constituted an unlawful tax Congress never authorized.

A federal judge on Monday (June 8, 2026) struck down the $100,000 fee imposed by U.S. President Donald Trump for H-1B applications

A federal judge has blocked a $100,000 fee for new H-1B visa applications imposed by the Trump administration. The judge ruled the fee was an unlawful tax exceeding presidential authority, siding with California and 19 other states. This decision prevents the fee from impacting businesses and potentially exacerbating shortages in education and healthcare.

The Trump administration's planned fee for the H-1B visa was announced to prevent foreign workers from taking American jobs.

The states argued that using the H-1B program to fill vacancies for much-needed doctors and teachers was already difficult before the higher fee.

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The ruling concluded the fee was a tax, not a penalty, which Donald Trump lacked any authorisation from Congress to impose.

The ruling contradicts an earlier federal court decision in Washington, D.C. that denied the U.S. Chamber of Commerce's request to strike down the visa fee.

White House spokeswoman Taylor Rogers in a statement said the Trump administration is confident the US district judge's order will be reversed on appeal.

A federal judge has struck down the Trump administration's $100,000 fee on new H-1B visas

The ruling relies in part on the Supreme Court's decision in the tariff case.

The lawsuit was filed by 20 Democratic state attorneys general, challenging a fee announced in September that dramatically raised the cost of visas

Federal judge strikes down Trump H-1B fee ruling, finding the $100,000 visa requirement exceeded executive authority by functioning as an unauthorized tax.

A federal judge has struck down a $100,000 fee the Trump administration imposed on new H-1B visas for skilled foreign workers.

A federal judge struck down a $100,000 fee President Donald Trump ordered for H-1B visa applications, providing a reprieve for US technology companies that rely on hiring skilled foreign workers. Michael Shepard explains (Source: Bloomberg)

The fee is akin to an unlawful tax that lacks congressional approval, a federal judge found.

JUDGE: proclamation 'imposes a tax on H-1B petitions'

The H-1B visa programme, in place in its current form since 1990, allows for 85,000 visas each year, including 20,000 allocated to applicants with advanced degrees.

A judge declared President Donald Trump’s fee unlawful. The fee narrowed a major pathway for legal immigration that is used by tech companies, hospitals and universities.

A federal judge has struck down President Donald Trump's executive order imposing a $100,000 payment on employers submitting petitions for new H-1B visas. The post Federal Judge Nukes Trump’s $100K H-1B Visa Fee by Ruling It’s an Unlawful Tax first appeared on Mediaite.

Ruling says the six-figure charge is an unauthorised tax and ordered it to be suspended

U.S. District Judge Leo Sorokin ruled in favor of a group of 20 states that challenged President Trump's new $100,000 visa fee.

A federal judge has struck down President Donald Trump's one-time $100,000 fee for importing foreign H-1B visa workers. The post Obama-Appointed Judge Strikes Down Trump’s $100,000 Fee for Foreign H-1B Workers appeared first on Breitbart.

WASHINGTON, United States (AFP)—A United States (US) federal judge on Monday blocked President Donald Trump from imposing a $100,000 fee on employers filing visa applications for foreign highly-skilled workers. District Judge Leo Sorokin ruled in a lawsuit filed by 20 Democratic-ruled states that the move usurped taxation powers held by Congress and the fee for the H-1B visas constituted an unlawful tax. "The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called," Sorokin wrote in his 42-page ruling. "The President had no power or delegated authority to impose a tax on H-1B petitions," he wrote. A different federal judge upheld the $100,000 fee in December in a separate case. That ruling is currently being appealed. That lawsuit was brought by the US Chamber of Commerce, a pro-business lobbying group, and the Association of American Universities, which represents 69 US-based research schools. Trump announced the new H-1B visa policy in September, arguing that the system was being abused to replace American workers with people willing to work for less money. The H-1B fee is part of a larger immigration crackdown by the Republican president, who has unleashed a massive push against migrants since returning to the White House. The United States awards 85,000 H-1B visas per year on a lottery system. India accounts for around three-quarters of the recipients. H-1B visa fees previously cost up to $5,000. Tech entrepreneurs -- including Trump's former ally Elon Musk -- had warned against targeting H-1B visas, saying that the United States does not have enough homegrown talent to fill important tech sector job vacancies.

A US federal judge on Monday blocked President Donald Trump from imposing a $100,000 fee on employers filing visa applications for foreign highly-skilled workers. The post US judge blocks Trump’s $100,000 fee for skilled visa applications appeared first on Vanguard News.

Judge Blocks Trump's $100,000 Fee For H-1B Visas Authored by Zachary Stieber via The Epoch Times, President Donald Trump's $100,000 fee for H-1B visas is not legal, a federal judge said on June 8. President Donald Trump speaks before signing an executive order in the South Court Auditorium in the Eisenhower Executive Office Building in Washington on Aug. 5, 2025. Win McNamee/Getty Images The fee for visas for specialty foreign workers "imposes a tax on H-1B petitions without the requisite delegation by Congress," U.S. District Judge Leo Sorokin said in a 42-page decision. While the president is able to restrict noncitizen entry into the United States, Congress has the power to tax, and federal law does not delegate it, the judge said. He also ruled that the fee violated a law called the Administrative Procedure Act because it was issued without allowing the public to comment before it took effect, and ordered officials to vacate the policy in its entirety. The White House did not immediately respond to a request for comment. The ruling came in response to a lawsuit filed by Massachusetts and 19 other states. They challenged the fee, which Trump announced in September as a way to reduce taxes and bring better people into the country. A different judge in late 2025 had upheld the fee, finding that Trump had the authority to increase the fee from between $2,000 to $5,000 to the $100,000 level. An appeal is pending in that case. This is a developing story that will be updated. Tyler Durden Mon, 06/08/2026 - 15:20

The increase in fees has discouraged H-1B visa requests, according to court filings

A federal judge on Monday struck down President Trump's $100,000 fee for H1-B visas to bring highly skilled foreign workers to the U.S.

US District Judge Leo T. Sorokin in Massachusetts ruled on Monday that the $100,000 fee President Donald Trump imposed on H-1B visa applications is an unlawful tax and must be vacated. The ruling found that the proclamation violated both the federal Administrative Procedure Act and the Constitution, because Congress had not delegated the power to […] This story continues at The Next Web

President dramatically raised cost of visa for highly skilled workers in executive order last yearA US judge has invalidated Donald Trump’s $100,000 annual fee on H-1B visa applications, ruling it an unlawful tax that violated federal administrative law and the constitution.US district judge Leo Sorokin in Boston issued the 42-page ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas.. The ruling vacated the sweeping fee, which was a 20-to-50 fold increase on existing rates, and the Trump administration is widely expected to appeal. Continue reading...

U.S. District Judge Leo Sorokin in Boston issued the ruling in ‌a lawsuit filed by 20 Democratic state attorneys general challenging a fee Mr. Trump ‌announced in September that dramatically raised ‌the ⁠cost of obtaining H-1B visas.

Judge Leo Sorokin, an Obama-appointed judge, agreed with the plaintiffs that the fee imposed by Trump’s executive order amounted to an “unauthorized tax.” The post Federal judge declares Trump’s $100,000 fee for new H-1B visas unlawful appeared first on MS NOW.

A federal ⁠judge on Monday ⁠struck down a US$100,000 fee that ⁠US President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax that Congress never authorised. US District Judge Leo Sorokin ‌in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas. The H-1B programme offers 65,000 visas...

A federal judge on Monday blocked a $100,000 fee for H-1B visa applications imposed by the Trump administration. U.S. District Judge Leo Sorokin agreed with a group of Democratic-led states that the administration exceeded its authority, and the fee usurped Congress’s power to set immigration policy and taxes. “Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of...

A federal judge on Monday struck down a $100,000 fee that U.S. President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax that Congress never authorized. U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas. The H-1B program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Employers seeking a visa for a foreign worker before Trump's proclamation typically paid about $2,000 to $5,000 in fees depending on various factors. The increase in fees has discouraged H-1B visa requests, according to court filings. As of February 15, U.S. Citizenship and Immigration Services had received just 85 payments of the $100,000 fee, the administration said in a March filing. The administration argued that the fee constituted a monetary penalty that the president had lawful authority to impose

In a ruling on Monday, a federal judge said the fee was a tax that Trump didn't have authority to impose.

On Monday, a federal judge said Trump's $100,000 H-1B visa fee was unconstitutional.

Trump had imposed the $100,000 fee in order to restrict the program, arguing that it has undermined U.S. security through the "replacement of American workers."

A federal judge on Monday blocked President Donald Trump’s exorbitant $100,000 H-1B visa fee.In a 42-page ruling, Massachusetts District Judge Leo Sorokin ruled that the fee was an illegal tax on businesses and ordered it to be vacated. Sorokin used the Supreme Court’s justification in its 2012 case National Federation of Independent Business v. Sebelius, concerning fees imposed on Americans who did not sign up for the Affordable Care Act, to argue that the payment was a tax, not a penalty. In his majority opinion in Sebelius, Chief Justice John Roberts concluded that “if the concept of penalty means anything, it means punishment for an unlawful act or omission.” “Here, the $100,000 payment requirement for all H-1B petitions does not aim to establish that hiring H-1B workers is illegal. The payment is not a penalty, just as the IRS fee in Sebelius was not, because it is not ‘punishment for an unlawful act or omission,’” Sorokin wrote.Therefore, according to Sorokin, the fee should be considered a tax—which the president lacks the authority to levy without congressional approval. The government had tried to argue that the fee couldn’t be considered a tax because its purpose was to decrease the number of H-1B applications altogether, not raise revenue. But Sorokin said that argument “falls short.”“Purpose and effect are different. Moreover, every $100,000 payment made pursuant to the Policy does raise revenue,” he wrote. The judge ordered that Trump’s illegal directive be “vacated in its entirety.”The Trump administration announced a $100,000 fee for H1-B visas in September, placing the burden on employers to sponsor college-educated and specialized foreign workers to come to the United States on a temporary basis.The Trump administration’s efforts to wind down the H1-B visa program are just another way that the president is kneecapping the economy for underbaked reasons that reek of white nationalism. Some research has estimated that the arrival of H1-B visa holders between 1990 and 2020 was responsible for 30 to 50 percent of all productivity growth in the U.S. economy during that period, resulting in wage growth for native workers.This story has been updated.

A US federal judge has ruled against a $100,000 fee imposed by former President Donald Trump on new H-1B visas. The judge found the fee unlawful. This fee significantly increased the cost for highly skilled foreign workers seeking to enter the United States. The ruling came after a lawsuit filed by state attorneys general.

US District Judge Leo Sorokin in Boston issued the decision in a lawsuit brought by 20 Democratic state attorneys general challenging the fee, which Trump announced in September as part of a broader effort to restrict the entry of foreign workers.

Trumps HB visa fee for skilled foreign workers thrown out by US judge

A federal judge struck down a $100,000 fee President Donald Trump ordered for H-1B visa applications, providing a reprieve for US technology companies that rely on hiring skilled foreign workers.