A federal judge on Monday invalidated President Trump’s policy imposing a $100,000 fee on new H-1B visas for high-skilled foreign workers, finding it unlawful. 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 decision immediately halts collection of the fee and creates uncertainty for employers planning H-1B petitions pending appeal.
What changed
Last year, Mr. Trump signed a proclamation that added a $100,000 payment to all new H-1B applications. The judge found that the Trump administration overstepped its authority by imposing a $100,000 tax on H-1B applications without authorization from Congress.
In a 42-page decision, 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.
Why it matters
This decision has immediate cost and filing-strategy consequences for employers and immigration practitioners:
- Fee obligation is eliminated. Under the program, employers are also required to pay certain fees, typically ranging between $1,700 to $4,500. The $100,000 fee is no longer due on any H-1B petition, whether pending or newly filed.
- Appeal pending. The Trump administration said it would appeal the ruling. The legal landscape could shift again if a higher court reverses Judge Sorokin, but the fee remains unenforceable during the appeal period.
- Employer budgeting. Any H-1B cost estimates or client advisories that incorporated the $100,000 charge must be immediately revised. The fee was a material factor in H-1B program economics; its removal changes ROI and feasibility calculations for employer-sponsored petitions.
Way forward
- Verify fee status on pending cases. If you have H-1B petitions at USCIS that included the $100,000 payment or a fee waiver request, check MyUSCIS to confirm whether USCIS has acknowledged the court order and refund any collected fees.
- Update client advisories and fee agreements. Notify employers that H-1B application costs have dropped to traditional levels (roughly $1,700–$4,500 per petition). Revise fee schedules and engagement letters.
- Monitor the appeal. Bookmark the case docket (likely in the U.S. District Court for the District of Massachusetts) or set a news alert for “Sorokin H-1B” to track the administration’s appeal and any higher court decisions.
- Brief clients on timing. Employers who delayed H-1B filings due to the $100,000 fee may now find it cost-effective to proceed. Coordinate with your employment team to prioritize petitions for workers in lottery-dependent categories (H-1B cap-subject petitions) before the next filing season.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Fola is not a law firm and does not provide legal services. Always consult with a licensed immigration attorney before taking action on H-1B petitions or fee matters. Immigration policy and court decisions can change without notice; verify all information against the primary court order and current USCIS guidance before relying on it in client representation.