A federal judge in Boston 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 Judge Leo Sorokin agreed with a group of Democratic-led states that the administration exceeded its authority, and the fee usurped Congress’s power to set immigration policy and taxes.
What changed
Last 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. 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.
The judge wrote that the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called. Sorokin determined that the fee instead functioned as a tax, which the President cannot issue without authorization from Congress. The judge said the executive branch exceeded its authority and violated the Administrative Procedure Act in implementing the fee.
Why it matters
If the ruling stands on appeal, the fee obligation disappears nationwide for H-1B petitioners. Employers can now plan on the historical $2,000–$5,000 fee range rather than the $100,000 threshold that deterred many from sponsoring foreign workers.
However, the landscape remains fragmented. 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. 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 Trump Administration intends to appeal the decision, according to White House spokesperson Taylor Rogers. Expect appellate decisions that may narrow, affirm, or further clarify the scope of executive authority over H-1B fees.
Way forward
- Assume the pre-September fee structure for cost estimates and client advising while appeals are pending. Do not budget for the $100,000 fee in new H-1B filings.
- Monitor circuit court appeals in the First, D.C., and Ninth Circuits. A split ruling will likely trigger Supreme Court review.
- Document current fee payments to USCIS—the ruling does not clarify refund procedures for the estimated 85 employers who paid the $100,000 fee before the court vacated it.
- Verify status with your local USCIS office as implementation of the ruling may not be immediate across all service centers.
Disclaimer
This article is not legal advice and does not constitute a legal opinion. Fola Editorial is a technology company, not a law firm. Immigration law is complex, and fee schedules and filing requirements can change without notice. Always consult a licensed immigration attorney for advice on your specific case, and verify the status of all fees and procedures against the latest USCIS guidance at https://www.uscis.gov and the source decision linked above before filing.