US Court Strikes Down Trump’s $100,000 H-1B Visa Fee, Rules It Was Not Authorized by Congress

A federal court in Boston has struck down US President Donald Trump’s decision to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers. US District Judge Leo Sorokin ruled that the fee was an unlawful tax that had never been authorized by Congress.

The ruling came in response to a lawsuit filed by 20 Democratic state attorneys general challenging the fee announced by President Donald Trump in September.

The decision is significant for foreign workers, including a large number of Indians, who were expected to be affected by the steep increase in H-1B visa costs.

Judge Leo Sorokin Rules Fee Was Unlawful

According to the court ruling, Judge Leo Sorokin said the $100,000 fee amounted to an unlawful tax because Congress had never authorized such a charge.

The Trump administration had announced the measure as part of broader immigration policy changes aimed at restricting the entry of foreign nationals into the United States.

H-1B Visa Program and Previous Fee Structure

The H-1B visa program provides:

• 65,000 visas annually
• An additional 20,000 visas for workers with advanced degrees

The visas are generally approved for periods ranging from three to six years.

Before the fee increase, employers seeking an H-1B visa for a foreign worker typically paid between $2,000 and $5,000 in fees.

H-1B Applications Declined After Fee Increase

Court filings submitted by the administration indicated that the increase in fees discouraged H-1B visa requests.

According to information provided by the administration in March, as of February 15, the US Citizenship and Immigration Services (USCIS) had received only 85 payments of the increased $100,000 fee.

USCIS Data Shows Sharp Drop in H-1B Registrations

Last month, data released by the USCIS showed a significant decline in H-1B registrations.

Properly submitted H-1B registrations fell by 38.5 percent compared to the previous year:

• Fiscal Year 2026: 343,981 registrations
• Fiscal Year 2027: 211,600 registrations

The figures suggested that the higher fee and immigration policy changes had a major impact on employer participation in the program.

Trump Administration’s Justification for the Fee

The administration argued that the fee constituted a monetary penalty that the US President had lawful authority to impose under federal immigration law to restrict the entry of foreign nationals.

In its proclamation announcing the higher fee, the administration stated that the H-1B program:

“has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor,”

and had subsequently

“undermined both our economic and national security”.

The proclamation further stated:

“Some employers, using practices now widely adopted by entire sectors, have abused the H-1B statute and its regulations to artificially suppress wages, resulting in a disadvantageous labor market for American citizens, while at the same time making it more difficult to attract and retain the highest skilled subset of temporary workers, with the largest impact seen in critical science, technology, engineering, and math (STEM) fields.”

Concerns Raised by India Over Immigration Changes

The visa fee increase and changes in immigration rules introduced by the Donald Trump administration had raised concerns in India because a large number of Indian professionals depend on the H-1B visa program.

In May, India’s External Affairs Minister S. Jaishankar raised the issue with US Secretary of State Marco Rubio.

Marco Rubio Acknowledges Transition Challenges

Responding to concerns, Marco Rubio acknowledged that there could be “some bumps” and “friction points” during the transition period as the United States worked to improve its immigration system.

However, he said that an “efficient” framework would ultimately benefit all stakeholders.

Rubio also emphasized that the measures were not specifically targeted at India.

Rubio Says US Facing Migration Crisis

Marco Rubio said the United States has been dealing with a broader migration crisis.

“This is not because of India, but broadly, we have had over 20 million people illegally enter the United States over the last few years, and we have had to address that challenge,” Rubio said.

A federal court in Boston has struck down President Donald Trump’s $100,000 H-1B visa fee, with US District Judge Leo Sorokin ruling that the charge was an unlawful tax not authorized by Congress. The decision came after a lawsuit filed by 20 Democratic state attorneys general. The ruling is expected to have a significant impact on foreign workers, particularly Indians, as the H-1B visa program remains a key pathway for skilled professionals seeking employment in the United States.

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