Published by TrenBuzz.com | June 9, 2026 | BREAKING
Key Points at a Glance – Judge Voids Trump’s $100000 H-1B Visa Fee
- US District Judge Leo Sorokin in Boston voided Trump’s $100,000 H-1B visa fee on June 8, 2026.
- Sorokin ruled in a 42-page decision that the fee was an unauthorized tax that only Congress can impose.
- The lawsuit was brought by 20 Democratic state attorneys general who sued last October.
- Before Trump’s fee, H-1B applications cost employers $2,000 to $5,000 in standard fees.
- The fee had already deterred applications: by February 2026, only 85 employers had paid it.
- DHS called the ruling “blatant judicial activism” and vowed to keep fighting.
On September 19, 2025, Trump signed a presidential proclamation requiring companies to pay $100,000 per H-1B visa application. By June 8, 2026, a federal judge had wiped it away.
“The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote. “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.
Why the Fee Failed Legally
Sorokin rejected arguments from the administration that the president had the power to implement the requirement because of federal immigration law giving him leeway to change US policy in other ways. Nowhere in those laws, the judge said, did Congress also give the president the power to levy taxes in the immigration sphere.
The Real-World Impact of the Fee
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 has discouraged H-1B visa requests. As of February 15, US Citizenship and Immigration Services had received just 85 payments of the $100,000 fee.
DHS Fires Back
The Department of Homeland Security called Sorokin’s decision “blatant judicial activism” and defended the Trump administration’s immigration reforms. The DOJ said it “is committed to protecting American workers and fully supports President Trump’s America First agenda.”
The ruling restores standard H-1B filing costs immediately. Tech companies, hospitals, and universities that depend heavily on H-1B workers are breathing a sigh of relief. But the DOJ has already signaled it will appeal, meaning this legal fight is far from over.
Disclaimer: This article is for general informational and news reporting purposes only. All legal details and quotes are sourced from CNN, CBS News, Al Jazeera, CNBC, MS Now, and VisaVerge as of June 8, 2026. The ruling is subject to appeal. TrenBuzz.com does not provide legal or immigration advice. Readers should consult a qualified immigration attorney for guidance specific to their visa situation.