Federal Judge Scraps Trump’s $100,000 H-1B Fee

WASHINGTON, D.C.-A federal judge in Massachusetts has struck down the Trump administration’s $100,000 fee on new H-1B visa petitions, and the White House said it would appeal the ruling.

In a sharply worded ruling, U.S. District Judge Leo T. Sorokin vacated the policy in its entirety, concluding that the administration exceeded its authority and imposed an unlawful tax without congressional authorization.

“The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” the judge wrote, noting that no statutory powers authorized the executive branch to implement such a charge. The court rejected the administration’s argument that broad presidential powers under immigration law permitted the fee, stating that while the executive has discretion over the admission of aliens, that authority “may not transgress constitutional limitations” or statutory authority conferred by Congress.

Furthermore, the court criticized the agencies that implemented the policy, finding they had bypassed required rulemaking procedures and failed to adequately justify the fee.

The White House defended the measure, which was part of a proclamation signed by President Trump in September 2025. White House spokeswoman Taylor Rogers stated that the administration is confident the order will be reversed on appeal, asserting that the President has clear legal authority to restrict the entry of any class of aliens deemed not in America’s best interests.

“The H-1B program has been abused for decades, and President Trump finally took action to fix it,” Rogers said. “The Administration is confident this order will be reversed on appeal.”

The ruling was met with broad approval from Democratic lawmakers, state officials, and policy advocates, who characterized the decision as a victory for employers, healthcare providers, universities, and the U.S. economy.

Indian American Congressman Raja Krishnamoorthi called the decision “a welcome rejection of an unlawful policy” that threatened America’s economic competitiveness. “Instead of imposing arbitrary barriers that push talent and investment elsewhere, we should focus on preventing abuse while ensuring America remains the best place in the world to build, innovate, and grow our economy,” he said.

California Attorney General Rob Bonta, who led the multistate lawsuit challenging the policy, hailed the ruling as a major victory against an “unlawful and costly” burden. Bonta noted that the fee created significant barriers for employers seeking teachers, physicians, nurses, and researchers needed to address critical workforce shortages.

The Foundation for India and Indian Diaspora Studies (FIIDS) also welcomed the decision, with Chief of Policy & Strategy Khanderao Kand stating that the ruling restores “predictability and fairness” to the employment-based immigration system.

Congressman Sanford Bishop of Georgia added that the fee would have particularly hindered hospitals and healthcare providers in rural and underserved communities. He said the additional charge would have made recruitment more difficult and expensive for employers seeking specialized talent.

The H-1B program, which is used heavily by technology companies, research institutions, and the healthcare sector, is of particular importance to Indian nationals, who receive the overwhelming majority of these visas each year. While the White House did not indicate when it would file an appeal, officials signaled their intent to continue defending the measure as part of a broader effort to tighten oversight of the program. (IANS)