Federal Judge Strikes Down Trump's H-1B Visa Payment Requirement

U.S. District Judge Leo Sorokin of Massachusetts ruled on June 8, 2026, that the Trump administration's requirement for employers to pay $100,000 for H-1B visas is unlawful. The judge stated that the administration lacked the authority to impose such a payment, which he characterized as a tax that only Congress can impose. Sorokin's ruling came in response to a challenge from a coalition of 20 states against Trump's September 2025 proclamation regarding the H-1B visa program, which allows U.S. employers to hire skilled foreign workers. Previously, employers typically paid between $2,000 and $5,000 in filing fees for H-1B visas. The Trump administration argued that the new payment was necessary to prevent abuse of the visa system and protect American workers. However, Sorokin found that the Immigration and Nationality Act does not authorize the imposition of taxes by the executive branch. He also noted that the policy violated the Administrative Procedure Act by not undergoing the required notice-and-comment rulemaking process. As a result, Sorokin vacated the policy entirely. The administration is expected to appeal this decision.