US District Court rules that the steep fee imposed on highly skilled foreign workers exceeds presidential authority and violates congressional powers over taxation.
A US federal judge has blocked President Donald Trump’s controversial $100,000 application fee for new H-1B visas, describing it as an unlawful tax that the executive branch lacked authority to impose.
In a ruling issued on Monday, US District Judge Leo T. Sorokin in Massachusetts vacated the fee, siding with a coalition of 20 states led by California that challenged the policy. The judge ruled that the charge constituted a tax that only Congress has the power to levy.
Major blow to Trump immigration policy:
The $100,000 fee was introduced by the Trump administration in September 2025 as part of efforts to reform the H-1B visa programme, which allows US companies to hire foreign workers in specialised fields such as technology, healthcare, engineering, and education.
Critics, including tech companies, universities, and hospitals, argued that the fee would severely restrict access to skilled talent and harm sectors already facing labour shortages. The states contended that the policy would particularly affect public universities, schools, and healthcare systems reliant on foreign professionals.
Judge Sorokin, in a 42-page opinion, stated that “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.” He found that the administration bypassed Congress and violated the Administrative Procedure Act.
Court Blocks H-1B Visa Fee Rule:
The decision has been welcomed by business groups, immigration advocates, and officials in Democratic-led states, who described it as a victory for the US economy and innovation. However, Trump administration officials and Republican lawmakers criticised the ruling, with some calling for the judge’s impeachment.
The White House is expected to appeal the decision, potentially escalating the legal battle over the future of the H-1B programme.
The H-1B visa remains one of the most sought-after pathways for skilled professionals, particularly from countries like India, China, and Pakistan. The programme has long been a flashpoint in US immigration debates, with supporters viewing it as essential for economic competitiveness and critics arguing it displaces American workers.