A federal judge vacated President Donald Trump’s policy imposing a $100,000 fee for employers’ H-1B visa applications. U.S. District Judge Leo Sorokin issued the ruling in Boston on Monday in a lawsuit filed by 20 Democratic state attorneys general challenging the fee Trump announced in September. The decision eliminates the fee nationwide and restores the prior fee structure for H-1B petitions filed going forward.
What changed
The policy violated the federal Administrative Procedure Act and the Constitution, Judge Leo Sorokin declared in the ruling. The judge found that the payment is a tax that Congress had not delegated to the executive branch. Sorokin wrote that “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.”
Trump implemented the $100,000 fee in a presidential proclamation last September. 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 42-page decision vacated the policy nationwide, meaning employers filing new H-1B petitions are no longer subject to the $100,000 charge.
The Trump administration signaled it will appeal the ruling.
Why it matters
For H-1B employers and practitioners, this ruling immediately reduces the cost barrier to filing new H-1B petitions. Any employer who held off filing because of the $100,000 fee can now move forward at the prior fee level. This is especially material for small and mid-market companies that use the H-1B program to fill specialty-occupations roles in tech, healthcare, education, and research.
The increase in fees has discouraged H-1B visa requests, and the ruling may catalyze a surge in filing volume once practitioners confirm the fee elimination is in effect. You should confirm current fee amounts with USCIS before advising clients on costs.
The ruling also creates legal uncertainty while the Trump administration appeals. If a higher court reverses Judge Sorokin’s decision, the $100,000 fee could be reinstated mid-cycle, affecting petitions filed after any appeal ruling.
Way forward
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Confirm fee status with USCIS today. Check the USCIS website or contact your local USCIS field office to confirm that the $100,000 fee is no longer in effect and that prior fee schedules apply.
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Review pending and planned H-1B filings. If you have clients who deferred H-1B petitions due to the fee, assess whether conditions warrant immediate filing or whether waiting for further litigation clarity is prudent.
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Monitor the appeal. The Trump administration said it would appeal the ruling. Track the case through the appellate docket; higher-court reversals could restore the fee.
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Document the ruling for your file. Keep a copy of Judge Sorokin’s decision and the USCIS announcement of the fee elimination to support your advice to clients that the original proclamation is no longer in effect.
Disclaimer
This article is a plain-language explanation of a federal court ruling and is not legal advice. Immigration law is complex, and court decisions can be reversed on appeal, amended by statute, or distinguished in other contexts. You must consult a licensed immigration attorney before making filing or strategic decisions based on this ruling. This explanation is current as of the date of publication, but immigration policy can change without notice. Verify all fee amounts and filing procedures directly against the primary source documents linked above and the official USCIS website before advising clients.