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 concluded that the executive branch exceeded its authority and violated the Administrative Procedure Act. The ruling vacates the policy nationwide and has immediate implications for employers and practitioners advising on H-1B petition strategy and costs.
What changed
In September, Trump signed a proclamation adding a $100,000 fee for new H-1B visa applications. Prior to the change, companies typically paid between $2,000 and $5,000 to apply for an H-1B.
Judge Sorokin concluded that the executive branch exceeded its authority and violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations. More fundamentally, “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” according to Sorokin’s written opinion. In a 42-page decision, Judge Sorokin vacated the policy nationwide.
This decision contradicts a ruling by a federal judge in Washington, D.C., in which the U.S. Chamber of Commerce appealed a denial of summary judgment against the fee hike, leaving the higher fee in effect until September 2026. 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.
Why it matters
For employers and their representatives, the immediate effect is that the $100,000 fee is no longer required for new H-1B petitions. Sorokin’s decision vacated “in its entirety” the Trump Administration’s policy from September that raised the cost for companies applying for an H-1B petition from a few thousand dollars to more than $100,000.
However, the matter is far from settled. The Trump Administration intends to appeal the decision, according to White House spokesperson Taylor Rogers. Until an appellate ruling is issued, the fee structure reverts to pre-September 2025 levels—meaning standard H-1B filing fees (typically $2,000–$5,000) apply, not the $100,000 surcharge.
While the fee did not apply to foreign nationals already in the U.S. on student visas or existing H-1B holders, the Trump Administration began carving out exemptions to the fee, including for doctors and medical residents, after healthcare employers complained that the policy would strain a sector already facing labor shortages. Practitioners should clarify with USCIS whether those exemptions remain in effect or expire with the fee’s vacation.
The conflicting rulings across three judicial circuits create significant uncertainty. If you have pending H-1B petitions or clients planning to file, the case may be appealed to the First Circuit (covering Massachusetts) and potentially to the U.S. Supreme Court, mirroring the path of other Trump immigration executive orders.
Way forward
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Confirm current H-1B fees with USCIS immediately. Check myUSCIS or call the immigration phone line to confirm the exact filing fees now required, since the $100,000 surcharge is vacated but could be reimposed on appeal.
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Review pending petitions and fee waivers. If you filed petitions under the $100,000 fee or received a fee waiver, contact USCIS to determine whether refunds or fee adjustments apply and what the revised fee structure means for your client’s case.
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Monitor appellate activity. Subscribe to federal court dockets for the First Circuit (Boston case) and District Court for D.C. (Chamber of Commerce case) to track appeals and obtain early warning of any stay of Sorokin’s order.
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Reassess H-1B filing timelines and cost projections. With the fee reduced, employers may reconsider H-1B hiring plans. If you advise clients on cap-subject or exempt H-1B strategies, update your fee and cost-benefit analysis.
Disclaimer
Folaform is a software company, not a law firm, and this article is not legal advice. Immigration policy can change without notice, including via executive order, court ruling, or administrative guidance. Always verify current policy, fee schedules, and filing requirements against official USCIS and DOS websites before advising a client or submitting an application. Consult a licensed immigration attorney for advice specific to your situation.