Federal Judge Rules Against Trump's $100K H-1B Visa Fee

A federal judge ruled on June 8, 2026, that the $100,000 fee imposed by President Donald Trump for employers seeking H-1B visas is unconstitutional. U.S. District Judge Leo Sorokin stated that the fee constituted a tax that only Congress has the authority to impose. The ruling came from a lawsuit filed by 20 states in the U.S. District Court for the District of Massachusetts, with California leading the challenge against the fee, which was announced in September 2025. The judge invalidated various agency documents that enforced the fee and noted that it violated the Administrative Procedure Act by not allowing for public feedback. Sorokin emphasized that the fee was intended to generate revenue rather than serve as a penalty for illegal hiring practices. As of February 15, 2026, U.S. Citizenship and Immigration Services reported receiving 85 payments totaling $8.5 million under this requirement. The H-1B program typically provides 65,000 visas annually, with an additional 20,000 for workers with advanced degrees.