In a major development for employers and foreign professionals, a federal judge has ruled that President Trump’s controversial $100,000 H-1B visa fee requirement is unlawful and must be invalidated. The decision removes one of the most significant cost increases ever proposed for the H-1B program and provides relief to U.S. employers that rely on highly skilled foreign workers.
Background: The $100,000 H-1B Fee
In September 2025, the Trump administration announced a policy requiring certain H-1B petitions to be accompanied by a $100,000 payment. The fee was intended to discourage the use of foreign workers and encourage employers to hire and train U.S. workers instead. The policy dramatically increased the cost of filing H-1B petitions. Prior to the proclamation, employers generally paid government filing fees ranging from a few thousand dollars depending on the size of the company and the type of filing.
The fee quickly became the subject of multiple legal challenges from state governments, business organizations, and employers.
The Court’s Decision
On June 8, 2026, U.S. District Judge Leo Sorokin ruled that the $100,000 fee was unlawful and exceeded the President’s authority under federal immigration law.
The court concluded that:
- The fee functioned as a tax, rather than a regulatory measure.
- The U.S. Constitution grants Congress – not the President – the authority to impose taxes.
- Congress never authorized the executive branch to create a $100,000 H-1B fee.
As a result, the judge ordered that the fee requirement be vacated.
Why the Court Found the Fee Unlawful
The administration argued that the President had broad authority under immigration law to restrict the entry of foreign nationals when deemed in the national interest. However, the court rejected that argument. Judge Sorokin found that while immigration laws may grant the President significant authority over admission policies, they do not provide authority to impose what is effectively a new tax on employers seeking H-1B workers.
The ruling emphasized that creating new taxes remains a power reserved for Congress.
What This Means for Employers
The decision is welcome news for employers that depend on H-1B workers.
If the ruling remains in place:
- Employers will not be required to pay the $100,000 fee.
- H-1B sponsorship costs will remain substantially lower than they would have been under the policy.
- Companies may proceed with H-1B hiring strategies without budgeting for the additional fee.
The ruling is particularly significant for technology companies, healthcare organizations, universities, engineering firms, and other employers that regularly utilize the H-1B program.
What This Means for H-1B Workers
For foreign professionals seeking H-1B sponsorship, the ruling removes a major barrier to employment opportunities in the United States.
Many employers had expressed concerns that the fee would:
- Reduce hiring of foreign talent
- Limit sponsorship opportunities
- Increase uncertainty surrounding the H-1B process
The court’s decision may help preserve access to H-1B opportunities for qualified professionals.
Final Thoughts
The federal court’s decision represents a significant setback for efforts to dramatically increase the cost of the H-1B program through executive action. By ruling that the $100,000 fee constituted an unauthorized tax, the court reaffirmed that major changes to immigration fees generally require congressional authorization.
For now, employers and foreign professionals can move forward without the burden of the proposed fee, though further litigation and appeals remain possible.
Citations
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REBECCA KROLL is an Associate Attorney at Richards and Jurusik who practices exclusively in U.S. immigration law, focusing on both business and family-based immigration. She assists clients with employment-based visas, marriage and family cases, and the U.S. citizenship process. (Full Bio)
