A federal judge on Monday blocked a $100,000 fee for H-1B visa applications imposed by the Trump administration. 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. Practitioners must understand the ruling’s scope and the administration’s likely appeal.
What changed
Last September, Trump signed a proclamation adding a $100,000 fee for new H-1B visa applications. Prior to the change, H-1B visa fees had ranged from $2,000 to $5,000 per application.
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. “Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote.
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.
Why it matters
If this ruling stands on appeal, H-1B filers revert to the pre-September 2025 fee structure (roughly $2,000–$5,000 per petition). That materially changes cost projections and filing strategy for employers and immigration practitioners advising them.
However, the administration intends to appeal. Late last year, another judge who oversees a challenge to the H-1B visa fees brought by the U.S. Chamber of Commerce and the Association of American Universities sided with the administration, ruling Trump was within his authority. An appeals court heard the Chamber’s bid to revive its case in March. This creates conflicting precedent across districts, making the appeal outcome uncertain.
Practitioners should assume the $100,000 fee is not currently enforceable, but verify filing requirements with USCIS in real time, as the agency may continue collecting under the stayed or contested rule during appeal.
Way forward
- Check USCIS guidance immediately. Visit https://www.uscis.gov/i-129 and review the latest H-1B fee instructions; USCIS should post clarification on what fees apply to petitions filed now.
- Revise client cost estimates. Update H-1B sponsorship budgets to reflect the lower fee structure (roughly $2,000–$5,000), and flag that this ruling is under appeal and subject to change.
- Monitor the appeal. Follow updates from the U.S. Court of Appeals for the First Circuit (which covers Massachusetts); appellate briefing could take weeks to months.
- Document the current filing landscape for your file. Record the publication date of this ruling and the effective fee amount at the time of filing, in case future audits or disputes arise.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola Editorial is a software company, not a law firm. Immigration law is complex and changes frequently, and court rulings may be appealed or overturned. You should verify all information against the primary source linked above and consult a licensed immigration attorney before relying on any interpretation of this ruling for your specific situation. The fee structure, appeal status, and USCIS enforcement of this decision may change without notice.