A U.S. federal judge has struck down President Donald Trump’s $100,000 application fee for H-1B visas, ruling Monday that the president did not have the legal authority to impose the charge on companies seeking to hire skilled foreign workers.
U.S. District Judge Leo Sorokin, based in Boston and appointed by former president Barack Obama, voided the policy in a 42-page decision. He found that the fee amounted to a tax and that only Congress had the power to make such a major change to federal immigration policy.
“The President had no power or delegated authority to impose a tax on H-1B petitions,” Sorokin wrote.
The Trump administration had argued that federal immigration law gave the president broad authority to alter U.S. immigration policy, including the ability to add the $100,000 requirement. Sorokin rejected that position, saying the law did not give the executive branch power to create taxes in the immigration system.
The case was filed in December by a coalition of Democratic state attorneys general. They challenged the policy several months after Trump introduced the fee as part of his effort to restrict the H-1B program, which he had said was being overused.
The ruling removes a major financial barrier that would have affected companies relying on H-1B visas to recruit international professionals in specialized occupations.
The H-1B visa program allows foreign professionals to work in the United States in jobs that require specialized knowledge. Applicants generally need a bachelor’s degree or an equivalent qualification.
The visa is valid for three years and is eligible for renewal for another three years. U.S. companies, especially those in technology, engineering, health care and other specialized sectors, have long used the program to fill skilled roles.
Economists have argued that the H-1B program helps American companies stay competitive, expand operations and support job creation in the United States.
Trump imposed the $100,000 fee as part of a broader push to tighten the use of skilled foreign worker visas. The court’s decision marks a significant legal setback for that policy.
Sorokin’s ruling makes clear that major changes involving fees or taxes tied to immigration petitions must come from Congress, not through unilateral executive action. The decision now leaves the future of any similar H-1B visa fee proposal in the hands of lawmakers or a potential appeal by the administration.
