In Brief: On June 8, 2026 federal judge blocked Trump's $100,000 H-1B visa fee, ruling it an unconstitutional tax that only Congress can impose. The decision may be good news for tech companies and skilled foreign workers, but the government is expected to appeal.
Key Takeaways
- A federal judge struck down Trump's $100,000 H-1B visa fee on June 8, 2026. The court ruled it was an unconstitutional tax that only Congress has the power to impose.
- The ruling is good news for tech companies that rely on H-1B hiring, including Amazon, Apple, Google, and Microsoft, and for the workers they sponsor, over 70% of whom are Indian nationals.
- The fee was 20 to 50 times higher than the old H-1B petition cost of $2,000-$5,000, pricing out many startups and smaller companies.
- The Trump administration is expected to appeal. The H-1B fee could come back while the court case plays out.
Judge Leo Sorokin blocked Trump's $100,000 H-1B visa fee Monday. It is a defeat for one of the toughest immigration policies the administration has pushed.
Sorokin, ruling in Boston's U.S. District Court, struck down the fee entirely. He found it violated both the Administrative Procedure Act and the U.S. Constitution. Employers can now file new H-1B petitions without paying the $100,000 fee.
Why did the judge rule the H-1B fee unconstitutional?
The court's reasoning was simple: the $100,000 charge is a tax, and only Congress has the power to impose taxes.
Judge Sorokin wrote that "the substance and application of the $100,000 payment reveal that it is a tax," and that Congress had never given the executive branch that authority. Trump set the fee through a presidential proclamation. He did not get approval from Congress, and he did not go through the normal rule-making process. The court found that went beyond what a president is legally allowed to do under the APA.
Who filed the lawsuit that blocked the H-1B fee?
The winning H-1B fee lawsuit was filed by 20 Democratic state attorneys general. They challenged the fee shortly after it took effect in late 2025. They argued the fee was an overreach of presidential power that hurt their states' economies, universities, and tech sectors.
Separate suits were filed by the Chamber of Commerce and the Association of American Universities, as well as Global Nurse Force v. Trump in California. The state AGs' Massachusetts case moved fastest to a ruling.
Which companies and workers are affected by the ruling?
The H-1B program powers U.S. tech hiring at scale. In the first half of 2025 alone, Amazon and AWS received approval for more than 14,000 H-1B visas. Apple, Google, Meta, Microsoft, Tata Consultancy Services, and Cognizant are among the program's biggest users.
At $100,000 per petition, a company sponsoring 100 workers a year faced $10 million in added costs, not counting salary, relocation, or legal fees. For startups without Big Tech's cash reserves, the choice was stark: absorb the cost, stop hiring foreign workers, or move jobs abroad.
The stakes are also high internationally. Indian nationals hold more than 70% of H-1B visas, and India's Ministry of External Affairs had warned the fee would have "humanitarian consequences" for affected families.
What if you already paid the $100,000 H-1B fee?
The ruling does not automatically trigger refunds for employers who already paid. USCIS has not yet responded. What happens to those payments will depend on the agency's next steps and any new court orders.
If you paid the fee and want to pursue a refund, consult an immigration attorney. The situation is likely to move quickly.
Can Trump's H-1B fee come back? What happens next?
Almost certainly yes. The Trump administration has consistently appealed immigration rulings that went against it. This case will likely move to the First Circuit Court of Appeals and potentially the Supreme Court.
If a higher court issues a stay, it would pause Sorokin's ruling while the appeal plays out. That would bring the $100,000 H-1B fee requirement back. Employers should not assume the fee is gone for good.
What is the $100,000 H-1B visa fee, and where did it come from?
Trump signed a proclamation on September 19, 2025, imposing a $100,000 fee on new H-1B visa petitions, effective September 21, 2025. The administration said the goal was to crack down on program "abuse" and protect American workers by making foreign hiring too expensive for many employers.
Before the proclamation, H-1B petition costs ran roughly $2,000 to $5,000 per filing depending on company size. USCIS collected the fee through its pay.gov system and required payment before any petition could be filed.
Today's ruling does not change the H-1B program itself. The annual 85,000-visa cap, the lottery, and the prevailing wage rules all remain in place. The court removed a cost the president had no legal right to charge.
Need help navigating your H-1B options? Ellis works with employees and employers on U.S. work visas and immigration strategy. Get in touch to speak with an immigration attorney.
This article is for informational purposes only and does not constitute legal advice.
