Federal Judge Blocks Trump H-1B Visa Fee Increase; Administration to Appeal
U.S. District Judge Leo Sorokin struck down the annual fee on new H-1B visa petitions, finding it exceeds presidential authority and requires congressional approval.
BloombergU.S. District Judge Leo Sorokin in Boston ruled Monday that the $100,000 annual fee on new H-1B visa applications is unlawful. The 42-page decision found that the fee violates the Administrative Procedure Act because the executive branch lacked authority to impose it without congressional approval, describing it as a tax.
The fee was introduced through an executive order issued by President Trump in September 2025. It replaced a previous maximum fee of $5,000. The Trump administration also adjusted the visa lottery to give higher-paid applicants more entries.
A coalition of state attorneys general brought the lawsuit challenging the fee. The coalition argued that the fee damaged their ability to hire workers for specialized roles. Court filings stated that the policy restricted access to high-skilled talent.
Data referenced in the coverage showed that H-1B visa applications from Google and Microsoft fell after the fee took effect. Filings from certain AI-focused firms rose during the same period. The Trump administration is expected to appeal the ruling.
