Federal judge blocks Trump's $100,000 H-1B visa fee, calling it unlawful
Consensus Summary
A federal judge in Boston ruled on June 9, 2026, that President Trump’s $100,000 annual fee on H-1B visas was unlawful, exceeding executive authority and violating federal administrative law. The fee, announced in September 2025, was challenged by 20 state attorneys general, including Massachusetts, who argued it hindered hiring in critical sectors like healthcare, education, and tech. The ruling cited the fee as an improper tax, as only Congress can levy taxes, and referenced the 2026 Supreme Court case *Learning Resources v Trump* as precedent. The Trump administration, which framed the fee as a way to protect American jobs, plans to appeal. The H-1B program, which allows employers to hire skilled foreign workers, is heavily used by tech companies like Amazon, Microsoft, and Meta, with roughly two-thirds of H-1B positions being computer-related. The fee increase, set to expire in September 2026, had already sparked lawsuits from the US Chamber of Commerce and other groups, creating potential for divided rulings in appellate courts.
✓ Verified by 2+ sources
Key details reported by multiple sources:
- A federal judge in Boston (US District Court Judge Leo Sorokin) struck down President Trump’s $100,000 annual fee on new H-1B visas on June 9, 2026, ruling it exceeded executive authority and violated the Administrative Procedure Act.
- The fee was announced in September 2025 by President Trump and Commerce Secretary Howard Lutnick as part of immigration reform efforts.
- The lawsuit challenging the fee was filed by 20 state attorneys general, including Massachusetts Attorney General Andrea Joy Campbell.
- The H-1B visa program is designed for high-skilled jobs where American workers are scarce, with roughly two-thirds of H-1B positions being computer-related.
- The Trump administration argued the fee was meant to prevent foreign workers from taking American jobs, but the ruling found it amounted to an unlawful tax.
- The fee increase was set to expire in September 2026, and the Trump administration is expected to appeal the ruling.
Points of Difference
Details reported by only one source:
- The Trump administration cited the Immigration and Nationality Act to justify the fee, but the judge ruled Congress did not delegate taxing authority.
- The US Chamber of Commerce sued separately in Washington DC and appealed a denial of summary judgment against the fee hike.
- A lawsuit in San Francisco by religious groups and labor organizations created potential for divided rulings in three appellate court circuits.
- The Department of Homeland Security called the ruling 'blatant judicial activism' and said it would preserve 'national identity' by limiting foreign workers.
- White House spokesperson Taylor Rogers stated the administration was 'confident this order will be reversed on appeal'.
- Nearly three-quarters of H-1B approvals go to workers from India, with deep-pocketed tech companies being the biggest users.
- The states argued the fee would hinder hiring of teachers, doctors, and medical researchers, with Massachusetts Attorney General Andrea Joy Campbell calling it a 'victory for patients'.
- The fee was a 20-to-50-fold increase over existing rates, leading to panic among employers, students, and workers in the US and abroad.
- The ruling referenced the 2026 Supreme Court case *Learning Resources v Trump*, which limited Trump’s tariff authority, as precedent.
- Silicon Valley companies like Amazon (over 10,000 H-1B visas approved in first half of 2025), Microsoft, and Meta rely heavily on the H-1B program.
- Commerce Secretary Howard Lutnick claimed major tech companies were 'on board' with training Americans instead of hiring abroad.
Contradictions
Conflicting information between sources:
- ABC states the fee was $100,000 ($142,000 equivalent), while Guardian only mentions $100,000 without specifying the equivalent value.
- ABC notes the fee was a '20-to-50 fold increase' over existing rates, but Guardian does not specify the exact prior fee amount or fold increase.
- ABC includes a quote from Bobby Mukkamala (American Medical Association president) calling the ruling a 'victory for patients,' but Guardian does not mention this specific quote.
Source Articles
Judge blocks Trump's $142,000 H-1B skilled worker visa fee
The Trump administration's planned fee for the H-1B visa was announced to prevent foreign workers from taking American jobs.
Federal judge rules Trump’s $100,000 fee for H-1B visas unlawful
President dramatically raised cost of visa for highly skilled workers in executive order last year A US judge has invalidated Donald Trump’s $100,000 annual fee on H-1B visa applications, ruling it an unlawful tax that violated federal administrative law and the constitution. US district judge Leo Sorokin in Boston issued the 42-page ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1