A federal judge struck down the $100,000 fee President Donald Trump ordered for H-1B visa applications, clearing the path for employers to resume filing at prior fee levels while the Trump administration appeals. The visa payment policy violated the federal Administrative Procedure Act and the Constitution, Judge Leo Sorokin declared in the ruling in U.S. District Court in Massachusetts.
What changed
Trump implemented the $100,000 fee in a presidential proclamation last September in order to restrict the program, arguing that misuse of the program has undermined American economic and national security through the “large-scale replacement of American workers.” 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.
US 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. Sorokin agreed with the 20 states that brought the suit in finding “the substance and application of the $100,000 payment reveal that it is a tax” and that Congress had not delegated that power to the executive branch. “The President has no authority to levy a tax unless such a power is delegated by Congress through statute,” Sorokin wrote in the ruling.
Why it matters
For H-1B employers and their counsel, this ruling restores the pre-September 2025 fee structure while litigation continues. The increase in fees has discouraged H-1B visa requests, according to court filings. The vacatur means you can now budget and counsel clients based on historical fee amounts ($2,000–$5,000 range per petition), not the $100,000 barrier.
The decision turns on a constitutional separation-of-powers question: whether the executive branch can impose what the court characterized as a tax without congressional authorization. This reasoning may have broader implications for other executive fee increases.
The Trump administration said it would appeal the ruling. Until a higher court intervenes, the old fee schedule applies, but the legal landscape for H-1B filings remains unsettled.
Way forward
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Verify your fee calculation. File new H-1B petitions using the prior fee schedule ($2,000–$5,000 range). Check USCIS’s most recent fee guidance on https://www.uscis.gov to confirm the current accepted amounts, as the agency may issue clarifying guidance.
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Document the ruling. If you receive a fee rejection or demand from USCIS, reference Judge Sorokin’s June 8, 2026 order to support your filing. Keep a copy of the ruling for your case file.
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Monitor the appeal. The Trump administration’s appeal may reach the First Circuit or, if they seek emergency relief, the Supreme Court. Check federal docket tracking (https://www.pacer.gov/) for case number and next hearing date.
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Advise clients of uncertainty. Make clear that while this ruling vacates the $100,000 fee, the law on H-1B processing may change again during the appeal. No assumption of permanence is warranted.
Disclaimer
This article is provided for informational purposes only and is not legal advice. Fola is a software company, not a law firm. You should not rely on this article alone to make legal or business decisions affecting immigration matters. Verify all details against the primary source and consult a licensed immigration attorney for advice specific to your situation. Immigration policy and court orders can change without notice; always confirm the current status of relevant regulations and guidance at https://www.uscis.gov and https://www.justice.gov/ before filing or advising.