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. The ruling affects H-1B sponsoring employers immediately and creates new filing strategy questions for practitioners.
What changed
Trump signed a proclamation adding a $100,000 fee for new H-1B visa applications in September 2025. U.S. Citizenship and Immigration Services said in October the $100,000 fee applied to new applications filed on or after Sept. 21. The agency clarified that the fee would only apply to new applicants living abroad, and not renewals.
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. Sorokin wrote “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.” The judge wrote that “there are no statutory powers authorizing [the Trump administration] to implement a $100,000 tax on H-1B petitions.” 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.
The Trump administration said it would appeal the ruling.
Why it matters
If you’re advising an employer on H-1B filing costs, the fee is now blocked—employers no longer owe the $100,000 per petition. This is a material cost shift for employers evaluating H-1B sponsorship versus other visa categories or hiring strategies.
However, the appeal is pending. The judge cited precedent that the Supreme Court set in February, when it struck down Trump’s “reciprocal” tariffs on the grounds that he lacked the legal authority to impose them. In that case, the high court ruled that tariffs assessed by the Department of Homeland Security “amount to taxes for the purposes of the Constitution’s Taxing Clause.” This Supreme Court precedent may strengthen the judge’s reasoning, but the administration has signaled it will fight the decision. Practitioners should expect a period of legal uncertainty while the appeal proceeds.
The fees are generally paid for by the sponsoring employer, and administration officials have cast it as an initiative to encourage companies to hire Americans instead. The ruling does not affect the H-1B visa program itself, only the fee imposed by the proclamation.
Way forward
- File H-1B petitions now at the current fee level (pre-$100,000 amount). The ruling is effective immediately in the Boston federal court.
- Monitor the appeal. The Trump administration intends to appeal; a reversal would reinstate the $100,000 fee. Check the https://www.justice.gov website and the Eastern District of Massachusetts federal court docket for updates.
- Review pending petitions. If you have H-1B applications filed between September 21, 2025 and today, verify whether USCIS has already collected the $100,000 fee. Seek refund if collected or challenge any denial based on fee non-payment.
- Document the ruling for your client file. Courts may later resolve whether the fee should have been refunded retroactively for petitions filed during the September 2025–June 2026 window. Keep records of fee payments made during this period.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Immigration policy and court rulings can change without notice. Always consult a licensed immigration attorney before making filing decisions or relying on policy summaries. Verify the current status of this ruling and any appeals before advising clients, and check https://thehill.com/regulation/court-battles/5915068-judge-blocks-trump-h1b-fee/ for the most recent updates.