A federal judge blocked a $100,000 [1] fee on new H-1B visa applications imposed by the administration of President Donald Trump on Monday [2].
The ruling removes a significant financial barrier for foreign professionals seeking to work in the U.S. and halts a key pillar of the administration's effort to restrict high-skilled immigration.
U.S. District Judge Leo Sorokin issued the decision in the U.S. District Court in Boston, Massachusetts [1]. The court found that the fee was not a legitimate administrative cost but instead functioned as a tax. Because Congress did not authorize such a charge, the judge ruled the requirement was illegal [1].
"The fee is an unlawful tax that Congress never authorized," Sorokin said in his ruling [1]. He said the policy violated the Constitution and the Administrative Procedure Act [2].
The Trump administration had previously defended the $100,000 [1] fee by arguing it was necessary to protect American workers. Officials said the cost would curb the misuse of the H-1B program and ensure that only the most essential foreign talent entered the country [2].
The decision serves as a legal setback for the executive branch's immigration strategy. A White House spokesperson said, "This is a major blow to the President’s immigration agenda" [3].
Under the blocked policy, employers would have been required to pay the steep fee for each new H-1B application. The court's intervention ensures that the previous fee structures remain in place while the administration's legal authority to impose such taxes is questioned [1], [2].
“"The fee is an unlawful tax that Congress never authorized,"”
This ruling reinforces the legal boundary between administrative fees and taxes, affirming that the executive branch cannot unilaterally impose significant financial charges without congressional approval. By striking down the fee, the court prevents a potential exodus of high-skilled foreign labor that companies might have avoided due to the prohibitive $100,000 cost, while signaling that immigration policies must adhere to the Administrative Procedure Act.
