H-1B visas

A U.S. federal judge has struck down President Donald Trump’s policy requiring a $100,000 fee for new H-1B visas, ruling that the administration did not have the legal authority to impose it.  

The decision was issued by U.S. District Judge Leo Sorokin, who concluded that the fee functioned as a tax rather than a standard regulatory charge. Because the U.S. Constitution gives Congress the power to impose taxes, the judge found that the president could not create such a fee unilaterally.  

The lawsuit was initiated by a coalition of Democratic state attorneys general after the administration introduced the fee in an effort to rein in the program, which the administration argued was being overused. H-1B visas allow foreign professionals with at least a bachelor’s degree to work in specialized fields, granting an initial three years of residency with the option to renew for another three.

Economists have frequently argued that the program helps US companies maintain competitiveness and grow, which ultimately creates more jobs domestically.

During the proceedings, the administration argued that federal immigration law provides the president enough leeway to alter US policy. Sorokin rejected this defense, stating that nothing in current laws allows the executive branch to levy taxes within the immigration sphere.

The fee, announced in 2025, would have dramatically increased the cost of obtaining H-1B visas, which are commonly used by U.S. employers to hire highly skilled foreign workers, especially in the technology sector. A coalition of 20 Democratic state attorneys general challenged the policy in court.  

As a result of the ruling, the fee cannot currently be enforced by U.S. immigration authorities. The White House has indicated that it expects the decision to be appealed.  

For international workers and employers that rely on the H-1B program, the ruling removes a major financial barrier while the legal battle continues.