U.S. District Court Judge Leo Sorokin in Boston struck down the Trump administration’s $100,000 fee on new H-1B visas on Monday, creating immediate uncertainty for employers and practitioners across multiple appellate circuits. Sorokin concluded that the executive branch exceeded its authority and violated the Administrative Procedure Act, but contradicted an earlier federal court ruling upholding the fee hike in Washington, D.C.
What changed
The Boston decision 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. “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin wrote.
Judge Sorokin ruled that the fee functioned as an unlawful tax that Trump lacks authority to impose, rejecting the Administration’s argument that it was a “penalty” aimed at restricting entry. Sorokin pointed to the Supreme Court’s February decision striking down the bulk of Trump’s tariffs, concluding that Trump did not have the authority to impose them.
The ruling applies nationwide. For now, employers filing new H-1B petitions are not expected to pay the supplemental $100,000 fee covered by the ruling. However, the policy faces multiple legal challenges including an ongoing appeals case by the U.S. Chamber of Commerce after a judge in Washington, D.C., ruled in December that Trump did have the authority to impose the fee, and a lawsuit by healthcare organizations, labor unions, and individual workers filed in October which is still pending in federal court in California.
Why it matters
You face conflicting circuit authority. Another lawsuit was filed in federal court in San Francisco, by religious groups and labor organizations, setting up the possibility of divided rulings in three appellate court circuits. This split creates ambiguity for H-1B practitioners: clients cannot rely on settled law, and the fee’s status could shift again pending appeals.
If you’re advising on new H-1B petitions filed today, the Sorokin ruling means you do not include the $100,000 fee. But because appeals are expected and related litigation remains active, employers should continue monitoring developments closely. The original proclamation establishing the fee is scheduled to expire in September 2026, so the legal battles may accelerate.
Timing also matters. While the fee did not apply to foreign nationals already in the U.S. on student visas or existing H-1B holders, some foreign nationals found their employment offers withdrawn or faced hiring freezes during the initial uncertainty around the policy. Employers who held back on H-1B filings during the fee period may now resume hiring—resetting your workload and client timelines.
Way forward
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File new H-1B petitions without the $100,000 fee. As of the Sorokin ruling, the fee is vacated nationwide. Do not collect or remit the supplemental amount from clients unless your jurisdiction’s specific appellate court reverses on appeal.
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Monitor the Washington, D.C., and San Francisco cases closely. You work in a split-authority environment. If the D.C. Circuit upholds the fee or the Ninth Circuit reaches a different conclusion, you may need to revise advice for clients in those regions or on appeal.
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Flag the September 2026 expiration date. The proclamation itself expires then. Even if appeals are pending, the administration may allow the policy to lapse—or extend it through new executive action. Plan client H-1B strategy with this timeline in mind.
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Document the ruling date in your client files. If a fee payment dispute arises (refund requests, USCIS backlog for fee processing), cite the June 8, 2026 Sorokin decision and the nationwide vacatur as your basis for withholding or challenging the $100,000 charge.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Fola is a software and publishing company, not a law firm. Immigration law is fact-intensive and jurisdiction-specific; conflicting federal court rulings mean the fee’s legal status remains unsettled. Consult a licensed immigration attorney licensed in your jurisdiction before advising clients or filing H-1B petitions. Immigration policy and court precedent can change without notice. Verify this summary against the primary source documents linked above and your local appellate circuit’s current guidance.