A federal judge struck down a $100,000 fee on new H-1B visas that Trump imposed, concluding it constituted an unlawful tax that Congress never authorized. The judge issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging the fee. This decision significantly impacts how employers calculate H-1B filing costs and what guidance USCIS can enforce going forward.
What changed
U.S. District Judge Leo Sorokin 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. As part of the ruling, Sorokin invalidated agency memoranda, guidance documents, website instructions, FAQs and fee schedules that established and enforced the $100,000 H-1B visa fee.
Sorokin concluded that the fee was not a penalty but a tax that the Republican president lacked any authorization from Congress to issue. The fee violated the Administrative Procedure Act (APA), which requires agencies to undergo a “notice-and-comment” period to gather public feedback, the judge ruled. The policy violated the federal Administrative Procedure Act and the Constitution, Judge Leo Sorokin declared in the ruling.
Why it matters
Prior to the fee, employers seeking a visa for a foreign worker typically paid about $2,000 to $5,000 in fees depending on various factors. The court’s invalidation of all implementing guidance means USCIS must revert to the prior fee structure—employers can no longer be charged $100,000 for new H-1B petitions.
For practitioners, this ruling eliminates a major barrier to H-1B client planning. Citizenship and Immigration Services had received just 85 payments of the $100,000 fee as of Feb. 15, the administration said in a March filing, showing the fee had already discouraged filings. Practitioners advising employers on specialty-occupation hiring can now resume cost-benefit analysis based on the lower, pre-September fee schedule.
However, litigation risk remains. The Trump administration said it would appeal the ruling. Practitioners should monitor the appeals process, as a reversal could reinstate the $100,000 fee with retroactive consequences for petitions filed after the appeal.
Way forward
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Verify current guidance: Visit USCIS.gov and confirm that myUSCIS and paper I-129 forms reflect the pre-September fee schedule ($960–$7,595 range). Do not rely on outdated fee tables or agency websites that still cite the $100,000 amount.
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Advise clients on the prior fee baseline: Employers planning H-1B filings should budget for traditional fees, not the $100,000 amount. If clients have already paid the higher fee, advise them to explore refund claims with USCIS or consult litigation counsel about class-action recovery.
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Monitor the appeal: The Trump administration plans to appeal. Subscribe to federal court docket updates for U.S. District Court for the District of Massachusetts or check immigration law bulletins for motion decisions, as an appeal court could freeze or reverse Sorokin’s ruling mid-litigation.
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Document the ruling date: If a client’s I-129 petition was denied or stalled during the fee period, note that the invalidation date was June 9, 2026. This may support requests for reconsideration or fee waivers.
Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Folaform is a software company, not a law firm. Immigration policy can change without notice, and court decisions may be appealed or reversed. Consult a licensed immigration attorney to discuss the implications of this ruling for your specific circumstances, and verify all current USCIS guidance directly against the source page and official USCIS announcements.