A federal judge on Monday voided President Donald Trump’s requirement of a $100,000 application fee for H-1B visas, ruling that he lacked authority to impose the new policy for a program used by companies to hire highly skilled foreign workers in specialized fields. U.S. District Judge Leo Sorokin said that only Congress had the power to change federal immigration policy to include such a requirement, which he viewed as a tax, and that lawmakers had not given the executive branch permission to unilaterally make the change.
What changed
U.S. District Judge Leo Sorokin ruled in favor of a group of 20 states that challenged the new fee announced by Mr. Trump in September. The judge found that the Trump administration overstepped its authority by imposing a $100,000 tax on H-1B applications without authorization from Congress.
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.” He ordered the required visa payment to be set aside in its entirety, relief that is allowed under a federal law called the Administrative Procedure Act.
Trump signed a proclamation that added a $100,000 payment to all new H-1B applications. USCIS said in October the $100,000 fee applied to new applications filed on or after September 1.
The administration has indicated it will appeal. A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal.
Why it matters
If you represent an employer sponsoring H-1B workers, the fee structure has shifted materially — at least for now. Under the program, employers are also required to pay certain fees, typically ranging between $1,700 to $4,500. The $100,000 surcharge, if it had stood, would have added nearly twenty times the baseline cost per petition, fundamentally altering ROI calculations and accessibility of the program.
The ruling interprets the president’s executive authority narrowly: the court found that even broad delegation clauses in immigration law do not authorize the executive branch to impose taxes without explicit congressional direction. This has implications beyond H-1B fees. Practitioners advising on other proposed fees or surcharges should expect similar legal challenges if they are structured as “taxes” in substance, regardless of their label.
The appeal is pending. Until the Court of Appeals or a stay order from the administration clarifies timing, practitioners should assume the $100,000 fee is not currently required on new H-1B petitions — but verify this status with USCIS and monitor the docket closely.
Way forward
- Review pending H-1B filings. If you have cases in pre-submission or under preparation, confirm the current USCIS filing fee structure and update your client financial projections accordingly.
- Monitor the appeal. This decision is not final until the Court of Appeals rules (or the appeal is abandoned). Watch PACER or the U.S. District Court for Massachusetts docket for updates.
- Advise clients on cost recovery. If an employer has already paid the $100,000 fee under the now-voided policy, discuss potential refund claims and timeline with counsel.
- Stay current on USCIS guidance. USCIS will issue updated fee schedules and FAQs as the litigation evolves. Check the H-1B Visa Updates page and monitor official agency announcements.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. The judge’s ruling may be reversed on appeal, and immigration policy can change without notice. Verify all fee requirements against the official USCIS fee schedule and consult a licensed immigration attorney before filing any petition. The source material linked above is the authoritative record.