A federal judge has delivered a major victory for employers, universities, healthcare institutions, and skilled foreign workers by striking down the Trump administration’s controversial $100,000 fee on new H-1B visa petitions.
The ruling invalidates one of the most aggressive attempts in recent years to restrict access to the H-1B program, a visa category that allows U.S. employers to hire highly skilled professionals in specialty occupations such as technology, engineering, healthcare, finance, and scientific research. The decision is expected to have significant implications for businesses that rely on international talent to fill critical workforce shortages.
The judge is Leo T. Sorokin, a federal district court judge sitting in Boston, Massachusetts. He serves on the United States District Court for the District of Massachusetts.
The decision was issued on June 8, 2026, in a lawsuit brought by a coalition of 20 state attorneys general led by California challenging President Trump’s $100,000 H-1B visa fee. Judge Sorokin ruled that the fee functioned as a tax that had never been authorized by Congress and therefore could not lawfully be imposed by the executive branch
What Was the $100,000 H-1B Fee?
In September 2025, the Trump administration announced a new policy requiring many employers seeking to sponsor foreign professionals for H-1B visas to pay an additional $100,000 government fee. The administration argued that the measure would discourage companies from relying on foreign workers and encourage the hiring of U.S. workers instead.
The fee represented an unprecedented increase over traditional H-1B filing costs, which generally range from several thousand dollars to under $10,000 depending on the employer and circumstances. Critics immediately warned that the new fee would place H-1B sponsorship out of reach for many employers, particularly startups, universities, hospitals, research institutions, and smaller businesses.
Why Did the Court Overturn the Fee?
The federal court concluded that the administration exceeded its legal authority by imposing what was effectively a tax without congressional authorization.
The judge found that the executive branch cannot simply create massive new financial burdens on visa applicants and employers without clear approval from Congress. Because the $100,000 charge functioned more like a tax than a standard filing fee, the court determined that the administration lacked the authority to impose it through executive action alone.
As a result, the fee has been invalidated nationwide.
Why This Matters
The H-1B program plays a critical role in the U.S. economy. Employers across multiple industries depend on highly skilled foreign professionals to fill positions that often require advanced degrees and specialized expertise.
Healthcare systems rely on H-1B physicians and researchers. Universities recruit international professors and scientists. Technology companies hire engineers, developers, and AI specialists through the program. Many businesses argue that access to global talent helps maintain U.S. competitiveness and innovation.
Had the $100,000 fee remained in effect, many employers would likely have abandoned H-1B sponsorship altogether due to the extraordinary cost. Smaller employers would have been hit especially hard, creating a system in which only the largest corporations could realistically afford to sponsor foreign workers.
What Happens Next?
The Trump administration is expected to continue defending the policy and may pursue additional appeals. Litigation over the administration’s broader efforts to reshape legal immigration pathways is ongoing, and future legal challenges are likely.
For now, however, employers and foreign professionals can breathe a sigh of relief. The court’s ruling restores the status quo and removes one of the most significant financial barriers ever imposed on the H-1B program.
What H-1B Workers and Employers Should Do
Employers considering H-1B sponsorship should continue monitoring developments closely, as immigration policies remain subject to rapid change through both litigation and executive action.
Foreign professionals currently pursuing H-1B opportunities should likewise stay informed about future policy changes and ensure that they are working with qualified immigration counsel to evaluate their options.
Our Take
At Shepelsky Law Group, we believe that immigration policy must be grounded in the law and implemented through proper legal procedures. Regardless of where one stands politically, agencies cannot impose sweeping new costs on employers and immigrants without clear congressional authority.
The court’s decision reinforces an important principle: major changes to our immigration system must comply with the Constitution and the limits established by Congress.
We will continue monitoring developments in this case and any future appeals that may affect employers, H-1B professionals, and the broader immigration system.
The ruling is a significant win for businesses, universities, healthcare employers, and skilled foreign workers who rely on the H-1B program. It also serves as another reminder that immigration policy changes implemented through executive action often face intense judicial scrutiny. If you want to legalize in the U.S. or have a work visa question, please call Shepelsky Law Group at (718)769-6352 and start your American journey by scheduling a consultation with one of our legal team.