A federal judge struck down a proposed $100,000 [1] fee on new H-1B visa applications, ruling the charge was an unlawful tax.
The decision removes a significant financial barrier for high-skill foreign workers and the companies that employ them. Because the H-1B program is a primary route for international tech talent to enter the U.S. workforce, the fee would have fundamentally altered the cost of hiring foreign professionals.
U.S. District Judge Leo Sorokin issued the ruling on June 8, 2026 [5], in the U.S. District Court in Boston, Massachusetts [4]. The lawsuit was brought by 20 Democratic state attorneys general [4] who challenged the Trump administration's authority to impose the cost.
Sorokin found that the administration lacked the legal power to implement the fee without congressional approval. "The fee is an unlawful tax that Congress never authorized," Sorokin said [1].
The H-1B program currently operates under a cap of 65,000 visas [2] per year, with an additional 20,000 visas [3] available for those with advanced degrees. The proposed $100,000 [1] fee would have applied to new applications within these quotas.
Industry analysts suggest the ruling is particularly significant for applicants from India, who make up a large portion of H-1B recipients. Anjali Sharma, a senior analyst, said the ruling is a major relief for Indian professionals seeking H-1B visas [3].
The White House indicated it does not accept the court's conclusion. A White House spokesperson said, "We intend to appeal this decision" [2].
“"The fee is an unlawful tax that Congress never authorized."”
This ruling reinforces the principle that the executive branch cannot unilaterally impose significant financial charges on visa applicants without explicit legislative authority from Congress. By designating the fee as an 'unlawful tax,' the court has created a high legal hurdle for the administration to overcome in any future appeals, potentially protecting the current H-1B quota system from cost-based deterrents.
