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

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.