H-1B Visa News: Federal Judge Blocks Donalp Trump’s $100,000 Fee

A federal judge has struck down President Donald Trump’s controversial $100,000 H-1B visa fee, ruling that the policy was unlawful. The decision is expected to bring relief to thousands of employers, skilled foreign workers, and H-1B visa applicants, especially those from India. The ruling removes a major financial barrier that had significantly increased the cost of hiring foreign talent through the H-1B visa program. 

Federal Court Invalidates Controversial Visa Fee Policy 

U.S. District Judge Leo Sorokin in Boston ruled that the policy amounted to an unauthorized tax and lacked congressional authorization. According to the court, the Trump administration lacked the legal authority to impose the fee on employers sponsoring foreign workers under the U.S. skilled employment visa program. The judge stated that the payment was effectively a tax, regardless of how the administration described it. As a result, the U.S. State Department and U.S. Citizenship and Immigration Services (USCIS) cannot enforce the policy. 

Democratic States Challenged the New Fee 

A coalition of 20 Democratic state attorneys general filed a lawsuit challenging the policy. The states argued that only Congress has the authority to create new taxes. They claimed the president exceeded his powers by imposing the $100,000 H-1B visa fee. Judge Sorokin agreed and ruled in favor of the states. 

Visa Applications Declined After Fee Increase 

Court filings showed that the steep fee discouraged many employers from filing new visa petitions. As of February 2026, USCIS had received only 85 payments under the policy. The low number highlighted concerns that the fee was limiting access to skilled international talent and reducing participation in the U.S. work visa program. 

Federal Government Plans to Appeal 

The White House has announced plans to appeal the ruling. Administration officials maintain that the president has broad authority under federal immigration law to restrict the entry of certain foreign nationals. The White House remains confident that the decision will be reversed by a higher court. 

Indian-American Groups Welcome Court Ruling 

Several Indian-American organizations praised the decision. Khanderao Kand of the Foundation for India and Indian Diaspora Studies (FIIDS) said the ruling restores fairness and predictability to the employment-based immigration system. Sanjeev Joshipura, Executive Director of Indiaspora, said employers, skilled workers, and H-1B visa holders would welcome the court’s decision. 

What Was the $100,000 Worker Visa Charge? 

President Trump announced the fee in September 2025 as part of broader U.S. immigration reforms. The administration argued that some companies were using the high-skilled work visa program to replace American workers with lower-cost foreign labor. Before the policy, employers typically paid between $2,000 and $5,000 in immigration filing and processing fees. The new policy raised the cost of bringing skilled foreign workers to the United States. 

For now, employers will not have to pay the $100,000 H-1B visa fee when sponsoring new workers. The ruling removes a major obstacle for companies seeking global talent and provides greater certainty for future U.S. work visa applicants in high-skilled roles.