US judge strikes down $100,000 H-1B visa fee from Trump era

A federal judge has struck down a $100,000 fee for certain H-1B visa petitions, deeming it an illegal tax imposed by the Trump administration. U.S. District Judge Leo Sorokin ruled that the executive branch overstepped its authority by implementing the charge without congressional approval.

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the government federal did not have authority to impose that charge without the approval of Congress.

The fee, introduced in September 2025, was presented by the administration as a "regulatory payment" to achieve immigration policy goals. However, Sorokin concluded in his June 8, 2026, ruling that its nature and practical application demonstrated it was a tax, regardless of the name given by the government. He found no reasonable justification for such a high economic burden on employers seeking foreign workers.

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the collection of $100,000 constitutes a hidden tax

The decision also stated the measure was arbitrary and capricious, directly affecting the ability of states to hire essential personnel. The H-1B visa program, established by the 1990 Immigration Act, allows companies and institutions to hire highly specialized foreign workers for roles with a shortage of qualified domestic candidates.

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the measure was arbitrary and capricious because it directly affected the ability of the plaintiff states to hire personnel in essential sectors.