A U.S. federal judge struck down a $100,000 [1] fee on new H-1B visas, ruling the Trump administration's policy was unlawful.
The decision removes a significant financial barrier for foreign professionals seeking to work in the U.S. and limits the executive branch's ability to redirect visa fees toward infrastructure projects without legislative approval.
U.S. District Judge David Hurd issued the ruling on Monday, June 24, 2026 [2], in the Southern District of New York [1]. The court found that the administration lacked the statutory authority to impose such a high fee without the approval of Congress [1].
The fee was specifically intended to generate revenue to fund the construction of a border wall [3]. By invalidating the charge, the court has blocked a primary funding mechanism the administration sought to utilize for that purpose.
Under the contested policy, employers would have been required to pay the $100,000 [1] amount for new H-1B visa applications. This visa category is widely used by technology companies to hire high-skilled workers from abroad.
Legal challenges to the fee focused on the separation of powers, arguing that the power to tax or set significant government fees rests with the legislative branch, not the executive. Judge Hurd said the administration overstepped its legal bounds in this instance [3].
“The judge ruled that the Trump administration’s $100,000 fee on new H‑1B visas was unlawful.”
This ruling reinforces the legal principle that the executive branch cannot unilaterally create significant new taxes or fees to fund specific projects, such as the border wall, without an act of Congress. For the tech industry, it prevents a massive increase in the cost of hiring specialized foreign talent, which could have otherwise stifled recruitment and increased operational costs for U.S. companies.
