US Court Strikes Down $100,000 H-1B Fee

One of the most contested chapters in recent immigration policy has reached a major turning point: a federal judge has struck down the requirement of a $100,000 fee on new H-1B visa petitions, created by the Trump administration. The ruling concluded that the charge functioned, in practice, as a tax, and that only Congress, not the president, has the power to impose one. The government has already announced it will appeal.

What the judge decided

On June 8, 2026, District Judge Leo Sorokin, of the District of Massachusetts, struck down the requirement in a 42-page ruling. In his view, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the charge is called. Sorokin ordered the fee vacated in full, a remedy provided for under the Administrative Procedure Act (APA), the federal law governing how Executive agencies issue rules.

The central argument is one of separation of powers. The judge found that none of the immigration laws invoked by the administration authorized the president to impose a tax of this magnitude on petitions. Creating a tax, he ruled, is a prerogative of the Legislative branch, and Congress never delegated that power to the Executive.

Where the fee came from

The $100,000 requirement was announced by Trump in September 2025, presented as a way to curb what the administration described as excessive use of the H-1B program. The measure sparked immediate backlash from tech companies, universities, and hospitals, which rely on the visa to hire foreign professionals in specialized occupations.

A coalition of twenty states challenged the fee in court, in a lawsuit led by the New York Attorney General’s office under Letitia James. The states argued that the fee was illegal and threatened jobs and entire industries that depend on the skilled workforce brought in through the H-1B.

How the visa works

The H-1B allows foreign professionals to work in the United States in occupations considered specialized, roles that require, at minimum, a bachelor’s degree or its equivalent in the specific field. Software engineers, data scientists, physicians, researchers, and finance professionals are among the most common profiles.

The visa is valid for three years and can be renewed for another three, for a total of up to six years under the standard configuration. Applicants from India, China, Brazil, and the Philippines are among the program’s heaviest users, which serves as a bridge both to international careers and, in many cases, to a future employment-based green card application.

Why the ruling matters

For workers and employers, the vacatur removes, at least for now, a financial barrier that would have made new H-1B hiring nearly unworkable for many organizations. A $100,000 fee per petition would have made the visa accessible only to the largest corporations, shutting out startups, universities, and healthcare institutions with tighter budgets.

Economists often argue that the program helps American companies stay competitive and expand operations, which in turn generates additional jobs within the United States. The ruling preserves that talent pipeline while the legal dispute remains unresolved.

What comes next

The win, however, is not necessarily permanent. The Department of Justice stated that it fully supports the administration’s agenda and will continue holding accountable companies that, in its view, illegally exploit American workers or misuse the H-1B outside its intended purpose. The administration will appeal, and a higher court could revisit the ruling.

While the appeal is pending, applicants and employers face a period of uncertainty. Anyone planning to hire or petition through the H-1B should closely monitor the case, since the situation could change as higher courts weigh in. For now, however, the $100,000 requirement is suspended, and petitions remain subject only to the program’s ordinary fees.

The episode reinforces a recurring lesson of US immigration policy: changes announced by executive order can be challenged just as quickly as they are implemented, and the outcome is often decided in the courts, not in the administration’s offices. For those who depend on the H-1B, up-to-date information and patience with the judicial timeline are, today, just as essential as the paperwork itself.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.