A federal judge in the United States has struck down the controversial $100,000 fee introduced by President Donald Trump’s administration for certain H-1B visa applications, ruling that the measure was unlawful and exceeded presidential authority.
The decision was issued by U.S. District Judge Leo Sorokin in Boston, who concluded that the fee effectively functioned as a tax rather than a regulatory charge. Under the U.S. Constitution, the authority to impose taxes belongs to Congress, meaning the president could not introduce such a measure through executive action alone.
The fee was introduced in 2025 as part of a broader effort to tighten immigration policies and reshape the H-1B visa system, which is widely used by American companies to recruit highly skilled foreign professionals, particularly in technology, engineering, healthcare, and research sectors. The measure increased visa-related costs by as much as 20 to 50 times compared to existing fees.
The policy was challenged in court by a coalition of 20 Democratic-led states, which argued that the fee would make it significantly more difficult for employers, universities, hospitals, and research institutions to attract qualified international talent.
In his ruling, Judge Sorokin stated that immigration laws do not grant the executive branch the authority to impose a fee of this nature and magnitude. The court subsequently ordered that the measure be invalidated, preventing federal agencies from continuing to enforce it.
The decision represents a significant legal setback for one of the Trump administration’s most controversial immigration initiatives. While the White House has indicated that it expects the ruling to be overturned on appeal, the judgment is being viewed as a major victory for businesses and institutions that rely on skilled foreign workers.
