Federal judge strikes down Trump’s USD 100,000 H-1B visa fee
International 09 Jun, 2026

Federal judge strikes down Trump’s USD 100,000 H-1B visa fee

Business To Business, New York, 9th June, 2026:  A federal judge in the United States has ruled that a proposed USD 100,000 annual fee on H-1B visa applications was unlawful because it lacked authorization from Congress.
The decision was issued by Leo Sorokin, a judge of the U.S. District Court in Boston, Massachusetts.
In his ruling, Judge Sorokin stated that the policy effectively imposed a tax on H-1B petitions without the necessary delegation of authority from Congress.
The judgment concluded that the executive branch could not unilaterally impose such a substantial charge in the absence of explicit legislative approval.
The proposal had been associated with policies advanced under Donald Trump and would have required employers to pay USD 100,000 per H-1B worker annually.
The proposal generated significant concern among:

  • Technology companies.
  • Multinational corporations.
  • Universities and research institutions.
  • Foreign professionals seeking employment in the United States.
Importance of the H-1B Program
The H-1B Visa Program is one of the most widely used pathways for skilled foreign professionals to work in the United States.
It allows U.S. employers to hire workers in specialized occupations, particularly in fields such as:
  • Information technology.
  • Engineering.
  • Healthcare.
  • Finance.
  • Scientific research.
Indian professionals are among the largest beneficiaries of the H-1B program, making any changes to visa rules particularly significant for India's technology and services sectors.
The court's decision means:
  • The proposed USD 100,000 fee cannot be enforced in its current form.
  • Any similar fee would likely require congressional authorization.
  • Employers and H-1B applicants avoid a potentially massive increase in visa-related costs.
For companies that rely on skilled international talent, the ruling preserves the existing framework for H-1B hiring and removes a source of uncertainty regarding future visa expenses.
The decision also underscores a broader constitutional principle in the United States: major taxes and revenue-raising measures generally require approval by Congress rather than unilateral executive action.

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