US Judge Strikes Down Trump's $100,000 H-1B Visa Fee

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Boston : A federal judge has blocked the $100,000 fee imposed by President Donald Trump on new H-1B visas, ruling that the charge amounted to an unlawful tax that had not been authorised by Congress.

U.S. District Judge Leo Sorokin issued the decision in a lawsuit brought by 20 Democratic state attorneys general challenging the fee introduced by Trump last year. The administration had argued that the measure was intended to discourage companies from relying on foreign workers and encourage the hiring of Americans.

The H-1B programme allows U.S. employers to hire highly skilled foreign workers, issuing 65,000 visas annually, along with an additional 20,000 visas for individuals holding advanced degrees. Before the fee increase, employers generally paid between $2,000 and $5,000 in visa-related charges.

In his ruling, Sorokin concluded that the $100,000 payment functioned as a tax regardless of how it was described and that the president lacked the authority to impose it without congressional approval.

The Trump administration had defended the policy as a lawful penalty under federal immigration laws and argued that courts should not intervene in the dispute. However, the judge rejected those arguments.

The fee hike had reportedly discouraged visa applications, though administration officials previously said more than 200,000 applicants had paid the amount for expedited processing during the 2026 fiscal year. Homeland Security Secretary Markwayne Mullin has also said the department could waive the fee on a case by case basis in exceptional circumstances.

Pic Credit: AFP