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On Monday, June 8, 2026, a federal judge in Boston ruled against the $100,000 H-1B visa fee, finding that the administration did not have legal authority to impose it in that form.
This decision is important, but it is not the end of the story. The Trump administration plans to appeal, and the fee could move forward if it wins on appeal. In other words, there is still an ongoing court battle over this policy.
What was the $100,000 H-1B fee?
In September 2025, a presidential proclamation introduced a staggering $100,000 fee for new H-1B work visas. To put this in perspective, before this change, the typical costs for an H-1B petition ranged from $2,000 to $5,000.
The jump was astronomical. The administration argued that the fee was necessary to prevent the "misuse" of the program and protect American workers. However, in practice, it served as a nearly impenetrable wall. For most small businesses, rural hospitals, and schools, the cost of a single visa suddenly equaled or exceeded a full year’s salary for the employee they were trying to hire.
Why did the court strike it down?
U.S. District Judge Leo Sorokin was clear in his decision. He ruled that the $100,000 payment was not a "fee" at all: it was an unlawful tax.
Under the U.S. Constitution, the power to tax belongs to Congress, not the executive branch. Judge Sorokin noted that the administration lacked the legal authority to impose such a heavy financial burden without congressional approval. Furthermore, the court found that the government violated the Administrative Procedure Act (APA) because it failed to provide a reasonable justification for such a drastic change.
Who fought this policy?
A coalition of 20 states, led by New York Attorney General Letitia James, challenged the fee in court. The states argued that the policy would harm employers, public institutions, and industries that rely on H-1B workers, including healthcare and education.
What does this mean right now?
For now, the district court has blocked the $100,000 fee. But this issue is still being litigated.
The key point
- The court ruled that the fee was unlawful
- The Trump administration plans to appeal
- If the administration wins the appeal, the fee could proceed
- That means the legal status of this policy is still unsettled
Why the change matters
The case matters because it addresses a basic question of executive power: can an administration impose a massive immigration charge without Congress authorizing it? The district court said no. An appellate court may now weigh in, which means the bigger legal fight is still underway.
📢 Important Alert: This is an ongoing court battle, not a final resolution. We will keep you updated as the appeal process develops.
Disclaimer: This blog post provides general information and does not constitute legal advice. Immigration laws and court rulings can change quickly.
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