A federal judge has struck down the Trump administration’s $100,000 fee on H-1B visas for highly skilled workers, which had been challenged by California Attorney General Rob Bonta with 19 states. U.S. District Judge Leo T. Sorokin of Massachusetts declared Trump’s fee unlawful and said it violated the Administrative Procedure Act. The ruling removes a major cost barrier that had suppressed H-1B visa demand for more than eight months.
What changed
President Donald Trump signed an executive order mandating a $100,000 fee for H-1B visas on September 19, 2025. In a 42-page ruling in response to a lawsuit brought by 20 Democratic states, Judge Leo Sorokin agreed with the plaintiffs who argued the fee amounted to an “unauthorized tax,” as opposed to a “regulatory payment,” as the Trump administration contended.
Sorokin wrote that “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” finding that “there are no statutory powers authorizing [the Trump administration] to implement a $100,000 tax on H-1B petitions.” He also ruled that the fee violated the Administrative Procedure Act because it was issued without allowing the public to comment before it took effect, and ordered officials to vacate the policy in its entirety.
Why it matters
The ruling immediately removes a $100,000-per-petition cost imposed for nine months. Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about $2,000 to $5,000 in fees depending on various factors. The increase in fees discouraged H-1B visa requests, according to court filings, with U.S. Citizenship and Immigration Services receiving just 85 payments of the $100,000 fee as of February 15.
For practitioners, this means:
- Pending H-1B petitions filed during the fee period may be subject to refund claims or supplemental adjudication decisions
- The pre-September 2025 fee schedule ($2,000–$5,000) is effectively reinstated
- The case will likely appeal, creating uncertainty about whether the fee will be reimposed
The Trump administration said it would appeal the ruling.
Way forward
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Review pending cases. If you filed H-1B I-129 petitions between September 19, 2025, and June 8, 2026, confirm whether the $100,000 fee was collected. Prepare for USCIS guidance on refunds or re-adjudication.
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Monitor the appeal. The administration stated that “a federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal.” Practitioners should expect conflict in the courts; do not assume the fee is permanently eliminated.
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Update fee disclosures. If you have outstanding fee estimates or client cost analyses, update them to reflect the court-ordered fee structure pending appeal resolution.
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Advise clients on timing. If clients were deferring H-1B filings due to the $100,000 fee, now may be a window to petition at the lower fee—but only if the appeal does not stay the order.
Disclaimer
This article is for general information only and is not legal advice. Immigration law is complex and changes frequently—especially in response to court rulings and appeals. Verify all fee obligations, refund eligibility, and filing strategy against current USCIS guidance and the primary source linked above before filing. Consult a licensed immigration attorney for advice specific to your case. Court decisions can be stayed, reversed, or narrowed on appeal; this ruling is subject to further litigation.