Desk Report — A US federal judge has blocked the controversial H-1B visa policy introduced by the Donald Trump administration, declaring the newly imposed $100,000 application fee illegal.
The court ruled that the exorbitant fee effectively functions as a “tax,” which the executive branch cannot levy without direct authorization from Congress.
The landmark ruling was delivered on Monday (June 8) by US District Judge Leo T. Sorokin of Massachusetts. In his decision, Judge Sorokin emphasized that the US Constitution grants the exclusive power to tax to Congress.
While the Trump administration attempted to frame the charge as a “regulatory fee,” the court found no legal foundation to support this characterization.
Judge Sorokin also highlighted that the administration failed to follow the legally mandated public notice-and-comment process before implementing the massive price hike.
This omission occurred despite the fact that critical sectors—including technology, healthcare, education, academic research, and finance—have long depended on the H-1B program to fill vital labor shortages.
The Trump administration had initially introduced the $100,000 fee in September 2025, arguing that the H-1B system was being exploited by corporations to replace American workers with cheaper foreign labor. Officials claimed the steep financial barrier would incentivize companies to hire US citizens for high-paying roles instead.
Currently, the US caps new H-1B visas at 85,000 annually, selected via a lottery system. Technology giants, universities, hospitals, and financial institutions are the primary sponsors of these highly skilled foreign professionals.
Business groups and a coalition of 20 Democratic-led states—who filed the lawsuit last December—had warned that the extreme fee would make hiring foreign experts cost-prohibitive, particularly for public institutions and smaller companies. They argued it would severely worsen shortages of teachers, researchers, and physicians.
Following the ruling, New York Attorney General Letitia James expressed her support for the decision.
“Every day, thousands of H-1B visa holders, including doctors, teachers, and highly skilled professionals, provide essential services to New Yorkers. This ruling stops a blatant attempt to dismantle a program that is vital to our economy,” James said in a statement.
However, the legal battle over the H-1B visa program is far from over. A federal court in Washington, D.C. had previously sided with the administration in a separate lawsuit brought by the U.S. Chamber of Commerce, ruling that the president holds broad executive power to control the entry of foreign nationals under immigration laws.
Nonetheless, in this latest ruling, Judge Sorokin pointed to recent Supreme Court precedents clarifying that the president cannot unilaterally levy taxes or financial penalties without explicit statutory backing from Congress.
Immigration and policy analysts note that the $100,000 fee was a cornerstone of the Trump administration’s broader strategy to restrict legal immigration and limit pathways for highly educated foreign professionals to work and settle in the United States.
The White House has already signaled its intent to appeal the ruling.
“President Trump has clear legal authority to restrict the entry of any class of foreign nationals if it is deemed in the best interest of the United States. That is exactly what he has done,” White House spokeswoman Taylor Rogers stated, expressing confidence that the administration will prevail on appeal.
While the ruling brings immediate relief to thousands of employers and skilled foreign workers, the issue is widely expected to be escalated to the US Supreme Court for a final, definitive decision.