A Boston judge just blocked President Trump’s $100,000 H‑1B visa charge by calling it an unconstitutional tax that only Congress can create, raising major questions about who really controls our borders and our economy.[1][4]
Story Snapshot
- A federal judge in Boston ruled Trump’s $100,000 H‑1B payment is a tax, not a legal fee, and struck it down as unconstitutional.[1][4]
- The judge said only Congress can impose such taxes and found the policy also broke the Administrative Procedure Act, a key federal rulemaking law.[1][4]
- Twenty Democratic state attorneys general brought the lawsuit, backed by big users of foreign tech workers who opposed the higher cost.[1][3][5]
- The ruling blocks the State Department and United States Citizenship and Immigration Services from enforcing the payment, though the administration plans to appeal.[3][4]
What the Judge Did to Trump’s $100,000 H‑1B Visa Charge
U.S. District Judge Leo Sorokin in Boston struck down President Trump’s policy requiring a $100,000 payment on certain new H‑1B visa petitions for high‑skilled foreign workers.[1][3][4] The court ruled that “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” and that the president had no authority from Congress to impose it.[1][4] Sorokin’s 42‑page decision said there are “no statutory powers” letting the administration implement a $100,000 tax on H‑1B applications.[1]
The judge also held that the policy violated the Administrative Procedure Act, which governs how federal agencies create and justify new rules.[1] He found the record lacked any indication that the administration “reasonably explained” the decision to add such a heavy charge to H‑1B petitions.[1] The ruling ordered the payment “set aside in its entirety,” meaning agencies must treat it as void and stop applying it at all.[1] This relief came through the Administrative Procedure Act’s power to vacate unlawful agency actions.[1]
How Trump’s Proclamation Tried to Reshape High‑Skilled Immigration
President Trump created the $100,000 requirement through a presidential proclamation in September 2025, not through an act of Congress.[3][4][5] The proclamation used sections 212(f) and 215(a) of the Immigration and Nationality Act to “restrict” entry of H‑1B workers unless their employer made the $100,000 payment.[5] It ordered the Secretary of Homeland Security and the Secretary of State to refuse decisions or visa approvals when the payment had not been made, with narrow national‑interest exceptions.[5] The restriction was set to last twelve months unless extended.[5]
Before this proclamation, employers commonly paid about $2,000 to $5,000 in regular government fees to file an H‑1B case, depending on company size and other factors.[2][5] The new requirement pushed the cost into six figures for many petitions, a massive jump compared with typical visa charges.[2][4] Reporting notes that H‑1B visas are heavily used by big technology companies to bring in foreign talent, especially from India.[2][3][4][5] After the announcement of the fee, registrations dropped sharply, suggesting many employers simply could not or would not pay that level of cost.[4]
Who Sued and What the Ruling Means Going Forward
The lawsuit that toppled the policy was filed by attorneys general from twenty Democratic‑led states, who argued that the payment was an unlawful tax that hurt their states’ economies.[1][3][5] They said the White House turned immigration authority into a money‑raising power Congress never approved.[1][4] Judge Sorokin agreed, holding that the payment worked as a tax rather than a penalty or normal processing fee, and that only Congress may impose taxes of that kind.[1][4] He also rejected the administration’s claim that the charge was just an immigration penalty within the president’s broad power over entry.[3][4]
🚨 A federal judge just killed Trump's $100,000 H-1B visa fee, calling it an unconstitutional tax.
The fee had made it nearly impossible for hospitals, universities, and tech companies to hire foreign specialists. A court in Boston just said: the President had no authority to do… pic.twitter.com/E6iM6tKn4U— World News (@EdgeWorldNews) June 9, 2026
The ruling blocks both the United States Department of State and United States Citizenship and Immigration Services from enforcing the $100,000 requirement on new H‑1B petitions.[2][3] Existing H‑1B eligibility rules, numerical caps, and lottery procedures remain unchanged; only the extra $100,000 payment has been removed.[2] Advocacy groups that favor high levels of skilled immigration praised the decision as a win for foreign workers and technology firms.[4] The Trump administration is expected to appeal, and may seek a stay so the fee could take effect again while higher courts review the case.[2][4]
Sources:
[1] Web – Trump’s $100,000 H-1B Visa Fee Is an Unconstitutional Tax, a Federal …
[2] Web – Judge Strikes Down Trump’s $100000 H-1B Visa Fee – Ellis
[3] Web – Trump’s $100000 H-1B visa fee is unlawful, Boston federal judge rules
[4] YouTube – US Judge Strikes Down Trump’s ‘Unlawful’ $100,000 H-1b Visa Fee …
[5] Web – Federal Court Strikes Down Trump’s $100000 H‑1B Fee
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