Federal Judge Declares Trump's H-1B Visa Fee Unlawful: What This Means for Skilled Workers

In a significant ruling, a federal judge has declared the USD 100,000 fee imposed by former President Trump on H-1B visa applications as unlawful. This decision, which emphasizes the lack of Congressional approval for such a fee, has raised questions about the future of the H-1B program, widely used by American tech companies to hire skilled foreign workers. The ruling aligns with a coalition of states arguing that the Trump administration overstepped its authority. With over 200,000 applicants reportedly paying this fee to expedite their visa processing, the implications of this ruling could reshape the landscape for foreign professionals seeking employment in the US.

By Narendra Chaudhary Jun 9, 2026, 10:39 IST

Court Ruling on H-1B Visa Fee

Washington: A federal judge has ruled that the USD 100,000 fee introduced by former President Donald Trump for H-1B visa applications is illegal, as it lacked Congressional approval.

Judge Leo Sorokin of the US District Court in Boston stated, "The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress."

The H-1B visa program is highly sought after, enabling US companies to recruit skilled workers from around the globe. Trump's implementation of a USD 100,000 annual fee for each H-1B worker raised concerns regarding potential visa reforms and new stipulations.

In September of the previous year, Trump enacted a proclamation that included this fee for new H-1B visa applications.

Typically, these fees are covered by the employer sponsoring the visa, with administration officials framing it as a strategy to motivate companies to prioritize hiring American workers.

Judge Sorokin emphasized that the nature and enforcement of the USD 100,000 charge effectively classify it as a tax, irrespective of its designation.

The judge concurred with a coalition of 20 states, asserting that the Trump administration overstepped its authority, infringing upon Congress's jurisdiction to regulate immigration policy and taxation.

The H-1B visa program is predominantly utilized by American tech firms to hire foreign talent, with a significant number of Indian professionals, including tech experts and doctors, among the visa holders.

This ruling arrives shortly after Department of Homeland Security Secretary Markwayne Mullin informed a Senate panel that over 200,000 applicants for H-1B visas in fiscal year 2026 paid the USD 100,000 fee to expedite their application processing.