Federal Judge Rules Against Trump's H-1B Visa Payment Requirement

<p>U.S. District Judge Leo Sorokin of Massachusetts has ruled against a $100,000 payment requirement imposed by the Trump administration for employers seeking new H-1B visas, declaring the policy unlawful. The judge stated that the administration lacked the authority to implement such a payment, which he characterized as a tax that only Congress can impose.</p><p>In his 42-page decision issued on June 8, 2026, Sorokin sided with a coalition of 20 states that challenged the September 2025 proclamation by Trump regarding the H-1B visa program, which permits U.S. employers to hire skilled foreign workers. Typically, employers paid between $2,000 and $5,000 in filing fees for H-1B workers prior to this new requirement.</p><p>The Trump administration argued that the new payment was necessary to prevent abuse of the visa system and to protect American workers. However, Sorokin rejected this justification, stating that while the executive branch has broad discretion in immigration matters, it does not have unlimited authority to impose taxes.</p><p>Sorokin concluded that the payment functioned as a tax rather than a permissible immigration restriction and noted that federal agencies had violated the Administrative Procedure Act by implementing the policy without proper notice-and-comment rule-making. As a result, he vacated the policy in its entirety.</p><p>Judge Sorokin, nominated by President Barack Obama in 2013, previously issued a nationwide injunction against Trump's executive order on birthright citizenship, which is currently under review by the Supreme Court. The Trump administration is expected to appeal Sorokin's latest decision, continuing the legal debate over presidential authority in immigration matters.</p><p>White House spokesperson Taylor Rogers stated that President Trump has the legal authority to restrict the entry of certain classes of aliens and expressed confidence that the order would be reversed on appeal.</p>