Federal judge strikes down Trump H-1B fee ruling, finding the $100,000 visa requirement exceeded executive authority by functioning as an unauthorized tax.
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U.S. District Judge Leo Sorokin, an Obama appointee, issued the ruling in a lawsuit filed by 20 states in the U.S. District Court for the District of Massachusetts, according to court filings. , whose department oversees the H-1B visa program, as a defendant. Several federal agencies involved in implementing and enforcing the policy were also named in the suit.
As part of the ruling, Sorokin invalidated agency memoranda, guidance documents, website instructions, FAQs and fee schedules that established and enforced the $100,000 H-1B visa fee. According to the filing, Sorokin ruled that the fee was designed to raise revenue from a lawful program and therefore functioned as a tax rather than a penalty, as the Trump administration had argued.
Under the U.S. Constitution, the power to impose or "Here, the $100,000 payment requirement for all H-1B petitions does not aim to establish that hiring H-1B workers is illegal," the filing said.
"The payment is not a penalty... because it is not ‘punishment for an unlawful act or omission. ’ Hiring workers pursuant to the H-1B program is plainly lawful.
" VANCE TELLS BLUE STATE THEY ‘MIGHT TRY HIRING AMERICANS’ BEFORE SUING OVER TRUMP’S VISA FEE EXPLOSION Judge Timothy S. Hillman and Judge Leo T. Sorokin honor students during a ceremony on June 22, 2012, in Boston, Massachusetts. The fee also violated the Administrative Procedure Act , which requires agencies to undergo a"notice-and-comment" period to gather public feedback, the judge ruled.
Sorokin said the agencies that implemented and enforced the fee failed to adequately explain their reasoning, consider alternative options or assess the policy’s potential consequences, and lacked a valid emergency or foreign-affairs justification for bypassing the process. Homeland Security Secretary Markwayne Mullin testifies before the House Committee on Homeland Security during a hearing on the Fiscal 2027 budget request for the Department of Homeland Security, in Washington, Wednesday, June 3, 2026.
As of Feb. 15, U.S. Citizenship and Immigration Services has received 85 payments of the $100,000 requirement, resulting in $8.5 million in payments, the administration said in a March filing.annually, with an additional 20,000 reserved for workers with advanced degrees, typically valid for three to six years, according to Reuters. His move to address the issue drew widespread criticism from business and tech leaders.
From 2024 through mid-2025, Amazon received 19,301 H-1B approvals, more than any other major tech company, according to USCIS data. Microsoft also secured 9,914, while Apple received 8,075.
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