A federal judge on Monday struck down the Trump administration’s $100,000 fee on new H-1B visas, contradicting an earlier federal court ruling upholding the fee hike. U.S. District Court Judge Leo Sorokin in Boston sided with 20 states and struck down the visa policy, concluding that the executive branch exceeded its authority and violated the Administrative Procedure Act.
What changed
Trump signed a proclamation last September adding a $100,000 fee for new H-1B visa applications. Most H-1B visa applications cost several thousand dollars before the announced increase set off a wave of panic among confused employers, students and workers in the United States and abroad and led to several lawsuits.
The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress. He ordered the required visa payment to be set aside in its entirety, relief that is allowed under the Administrative Procedure Act.
Why it matters
If you are advising employers or H-1B beneficiaries on visa strategy and costs, the $100,000 fee is now void as of Judge Sorokin’s ruling. Employers are typically required to pay certain fees, ranging between $1,700 to $4,500 for H-1B applications—not $100,000.
However, the situation remains unsettled. The U.S. Chamber of Commerce also sued, in federal court in Washington, D.C., and has appealed a denial of a summary judgment against the fee hike. That left the higher fee in effect, at least until September 2026, when it is scheduled to expire. Still another lawsuit was filed in federal court in San Francisco, by religious groups and labor organizations, setting up the possibility of divided rulings in three appellate court circuits. The White House stated the administration “is confident this order will be reversed on appeal.”
This means you may face client questions about which fee applies depending on where and when they file, and whether subsequent court rulings or appeal decisions change the outcome again.
Way forward
- Verify filing status now. If your client submitted or is preparing to submit an H-1B petition after the Boston ruling, confirm with USCIS which fee instructions apply. The agency may update guidance shortly.
- Monitor the appellate docket. Track the U.S. Chamber case in the D.C. Circuit and the San Francisco religious groups case to anticipate future rulings that could flip the legal landscape again.
- Budget conservatively for now. Until an appellate court affirms or reverses, advise clients to assume the lower fee applies, but maintain flexibility in case the Trump administration successfully appeals and the $100,000 fee is reinstated.
- Review prior filings. If any client paid the $100,000 fee under the now-void proclamation, discuss potential refund claims or reimbursement once the appellate process settles.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration law is complex, and policy can change without notice—including through appeal or reversal of court decisions. Please consult a licensed immigration attorney to verify the current state of H-1B fee requirements and to assess the impact of this ruling on your specific situation. Confirm all information against the source document linked above and any official USCIS or DOS guidance.