Federal Judge Strikes Down Trump's $100,000 H-1B Visa Fee, Blocking Enforcement Nationwide
A federal judge has struck down President Donald Trump’s $100,000 fee on new H-1B visa petitions, delivering a significant legal setback to one of the administration’s most aggressive immigration policy changes.
U.S. District Judge Leo Sorokin ruled that the fee amounted to a tax and exceeded presidential authority because Congress, not the executive branch, holds the power to impose taxes. The decision blocks enforcement of the fee nationwide.
The fee was announced in 2025 and dramatically increased costs for employers seeking to hire foreign professionals through the H-1B program. The administration argued the measure would discourage reliance on foreign labor and strengthen opportunities for American workers.
A coalition of 20 Democratic attorneys general challenged the policy, arguing it harmed universities, hospitals, public institutions, and employers that rely on specialized talent. Judge Sorokin agreed that the administration lacked authority to impose the fee through executive action.
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The ruling also highlights a broader legal question that has surfaced repeatedly during Trump’s second term: how far presidential authority extends when immigration policy intersects with financial penalties and regulatory power.
Reaction was swift. Democratic state officials described the ruling as a victory for employers and institutions facing increased hiring costs. Immigration attorneys and business groups pointed to the decision as relief for companies that had paused or reconsidered hiring plans because of the fee.
The White House has indicated it expects the decision to be overturned on appeal, meaning the legal fight is likely to continue. For now, however, one of the administration’s most consequential H-1B restrictions is off the books.
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