Published：Jun 8, 17:33Last updated：Jun 9, 16:02

Judge Blocks Trump's $100K H-1B Visa Fee as Unauthorized Tax

Jun. 8, 2026 17:33

A federal judge rejected President Donald Trump’s $100,000 H-1B visa fee on June 8, 2026, aiding US tech firms reliant on foreign talent. The ruling counters Trump’s immigration restrictions. The decision reflects ongoing legal challenges to executive orders.

Summarized

26News

14Media

Jun. 9, 2026 15:28

President Donald Trump significantly increased the fee for H-1B work visas to $100,000 in 2025, claiming it would protect American jobs from being taken by lower-paid foreign workers. However, a court decision later struck down this fee. The announcement was made in Washington on June 9, 2026.

Jun. 9, 2026 16:02

President Donald Trump increased the H-1B work visa fee to $100,000, claiming it would protect American jobs, but a federal judge struck down the fee, ruling the administration overstepped its authority. The H-1B visa program is used by tech companies and universities to fill skilled positions and attract researchers. Critics argue the program has been exploited to replace American workers. The visas are nonimmigrant and intended for temporary skilled workers, though some transition to permanent status.

A federal judge struck down President Donald Trump's controversial $100,000 fee on H-1B visa applications on June 8, 2026, ruling it an unlawful tax exceeding executive authority. Judge Leo T. Sorokin of the Massachusetts Federal District Court found the policy violated the Administrative Procedure Act and Congress's exclusive power to levy taxes, delivering a victory for tech companies reliant on skilled foreign workers. The decision came in response to a lawsuit filed by Democratic state attorneys general challenging what they called an attempt to deter foreign workers under the guise of protecting American jobs. ABC News+2

🏛 Legal Authority Challenged

The ruling cited Supreme Court precedents limiting executive branch power, noting only 85 payments were recorded by mid-February 2026. The Trump administration had defended the fee as a lawful penalty, but Judge Sorokin determined it functioned as an unauthorized tax without congressional approval. This marks another judicial rejection of Trump's immigration policy overreach following similar rulings on DACA and travel bans. The judge specifically stated the $142,000 proposal announced by Trump and Commerce Secretary Howard Lutnick in September was blocked. Bloomberg+2

💼 Industry Relief

Technology firms celebrated the decision, as the fee would have crippled their ability to recruit global talent for specialized roles. Industry groups had warned the $100,000 charge could drive innovation overseas, with the H-1B program remaining critical for filling engineering and tech positions. The ruling preserves access to skilled labor amid ongoing workforce shortages and allows companies to pay the original $3,380 fee instead of the proposed increase. Bloomberg reported the decision provides immediate relief for US technology companies. Chosun Ilbo+2

⚖️ Policy Implications

While invalidating the H-1B fee hike, the court left intact separate premium processing charges for other visa categories. The case reignites debates about executive power limits in immigration policy, particularly regarding measures framed as economic protectionism. Legal experts note this reinforces congressional authority over taxation and immigration matters, with the government retaining the option to appeal the decision. The Boston court's ruling contradicts an earlier court decision on the matter. Mainichi Shimbun+2

H-1B visaDonald Trumpfederal judgeUS tech firmsDemocratic state attorneys general

topic.regionalNarratives

Germany

Coverage highlights the judicial rejection of the $100,000 visa fee as unlawful and its context within Trump's series of legal defeats.

United Kingdom

Reporting contrasts the court's rejection of the $100,000 visa fee with new expedited processing options at additional cost.

Canada

Coverage centers on the judicial reversal of the $100,000 visa fee and its significance for immigration policy debates.

South Korea

Outlets frame the event around both the rejected $100,000 fee and ongoing debates about the H-1B program's purpose.

Australia

Coverage highlights the judicial blocking of a proposed $142,000 fee for H-1B skilled worker visas and its context within broader immigration policy debates.