U.S. District Court Judge Leo Sorokin in Boston struck down the Trump administration’s $100,000 fee on new H-1B visas, concluding that the executive branch exceeded its authority and violated the Administrative Procedure Act. The ruling affects employers, workers, and attorneys planning H-1B filings and offers immediate relief from a fee that set off a wave of panic among employers, students and workers.
What changed
Trump signed a proclamation in September adding a $100,000 fee for new H-1B visa applications. 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.
Judge Sorokin wrote, “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.
The case was brought by a lawsuit filed by 20 Democratic state attorneys general challenging the steeply increased fee. 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.
Why it matters
This ruling immediately voids the $100,000 fee for H-1B petitions nationwide, pending appeal. The increase in fees discouraged H-1B visa requests, and as of February 15, USCIS had received just 85 payments of the $100,000 fee. Practitioners who advised clients to pause H-1B filings or budget for the higher fee should now reassess their filing timelines and cost projections.
Sorokin found that the record in the case lacked any indication that the Trump administration “reasonably explained” the decision to implement the $100,000 fee. The judge rejected the administration’s rationale that the policy would discourage foreign workers from taking American jobs, holding instead that only Congress may impose a tax on immigration benefits.
However, the higher fee is scheduled to expire in September 2026, and the Trump administration said it would appeal the ruling. The appellate process could reinstate the fee or further enjoin it, so practitioners should monitor the case closely.
Way forward
-
Reassess pending filings: If you advised clients to defer or restructure H-1B applications due to the $100,000 fee, revisit those decisions. The fee is now enjoined, though appeal is likely.
-
Budget for baseline fees only: Until final appellate resolution, calculate H-1B filing costs using standard visa fees (several thousand dollars, not $100,000+). Confirm the exact baseline with your employer-clients.
-
Monitor the appeal: A federal judge in Washington already upheld a nearly identical order, creating conflicting precedent across circuits. Track the Boston appeal and any Supreme Court petitions.
-
Document the ruling in client files: Preserve the full text of Sorokin’s decision for your records and for any future fee-related disputes or client consultations.
Disclaimer
This article is not legal advice and does not constitute an attorney-client relationship. Fola is a software company, not a law firm. You should consult a licensed immigration attorney to discuss your specific situation, verify all information against the primary source and court filings, and ensure compliance with current regulations. Immigration policy and court rulings can change without notice; check the PBS News Newshour article and official USCIS guidance before making filing decisions.