US federal judge strikes down Trump's proposed $100,000 H-1B visa fee

A federal judge on Monday ruled that the $100,000 fee imposed by US President Donald Trump for H-1B applications was unlawful as it did not have the approval of Congress.

"...the Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress," US District Court judge Leo Sorokin in Boston, Massachusetts, said in a ruling.

The H-1B programme is one of the most sought-after US work visas that allows American companies to hire skilled global talent. Trump's order proposing a $100,000 annual fee per H-1B worker left many uncertain about visa reforms and new requirements.

 

In September last year, Trump signed a proclamation adding the $100,000 fee for new H-1B visa applications.

The fees are generally paid for by a sponsoring employer, and administration officials have cast it as an initiative to encourage companies to hire Americans instead.

"Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called," Judge Sorokin wrote.

The judge agreed with a group of 20 states that the Trump administration exceeded its authority, and the fee usurped Congress's power to set immigration policy and taxes.

The H-1B visa programme is used extensively by American technology companies to employ foreign workers. Indian professionals, including technology workers and physicians, form one of the largest groups of H-1B visa holders.

The federal judge's order comes days after Department of Homeland Security (DHS) Secretary Markwayne Mullin told a Senate panel that more than 200,000 applicants seeking H-1B visas to work in the US paid $100,000 to fast-track processing of their petitions in fiscal year 2026.