Chicago – June 09, 2026
A federal judge on Monday struck down the Trump administration’s $100,000 fee on new H-1B visas, contradicting an earlier federal court ruling upholding the fee hike.
The administration announced the much-higher fee as a way of preventing foreign workers from taking American jobs.
But U.S. District Court Judge Leo Sorokin in Boston sided with 20 states and struck down the visa policy, concluding that the executive branch exceeded its authority and violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations.
“The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin wrote.
H-1B visas are meant for high-skilled jobs that are difficult to find American workers to fill. Deep-pocketed technology companies are the biggest users, with nearly three-quarters of approvals going to workers from India. The states argued that using the H-1B program to fill vacancies for much-needed doctors and teachers was already difficult before the higher fee.
