Federal Judge Strikes Down Trump's $100,000 H-1B Visa Fee
A Boston-based federal judge has voided the controversial fee imposed by President Trump on H-1B visa applications, saying only Congress has the power to levy such a tax.
In a significant legal decision, a federal judge in Boston has nullified President Donald Trump's imposition of a $100,000 application fee on H-1B visas. The decision underscores the limits of presidential authority in immigration policy, particularly regarding financial impositions that resemble taxation.
US District Judge Leo Sorokin ruled that the fee, introduced by Trump in an attempt to curb the use of the H-1B visa program, was beyond the scope of presidential powers. Sorokin, an appointee of former President Barack Obama, emphasized that only Congress holds the authority to amend federal immigration policy to include such requirements, categorizing the fee as a tax.
“The President had no power or delegated authority to impose a tax on H-1B petitions.”
The H-1B visa program is critical for many US companies, allowing them to hire skilled foreign professionals in specialized fields. Critics of the fee argued that it would stifle innovation and competitiveness by limiting access to global talent.
The fee was challenged by a coalition of Democratic state attorneys general, led by New York Attorney General Letitia James. They filed the lawsuit in December, citing the administration's overreach and the detrimental effects on the economy and job creation.
While the Trump administration defended the fee as part of its 'America First' agenda, aiming to safeguard American workers, the court's decision marks a setback for these policies. The Justice Department has expressed its commitment to continue enforcing immigration laws to protect American jobs, despite this legal defeat.
For those advocating for a more open immigration policy, this ruling is a victory. It reaffirms the checks on presidential power and the importance of Congressional oversight in shaping immigration laws. As the legal landscape evolves, this case highlights the ongoing debate over the balance between national interests and global economic integration.
- H-1B visas: Federal judge voids Trump’s $100,000 fee requirement — CNN, Devan Cole (June 8, 2026)
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