Judge Blocks Trump’s $100,000 H-1B Visa Fee

A federal judge has blocked a $100,000 fee on new H-1B visa applications introduced by the administration of Donald Trump, ruling that the measure exceeded presidential authority and infringed on Congress's power to set taxes and immigration policy.

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U.S. District Judge Leo Sorokin sided with a coalition of 20 Democratic-led states that challenged the fee, concluding that the payment functioned as a tax regardless of how it was described by the administration.

“The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote in his decision.

States Challenge Visa Fee

The fee was introduced through a presidential proclamation signed by Trump in September last year. It applied to new H-1B visa applications, with the cost generally borne by sponsoring employers.

Administration officials said the policy was intended to encourage companies to hire American workers rather than recruit talent from abroad.

The legal challenge was led by Rob Bonta and Andrea Campbell on behalf of Democratic-controlled states.

H-1B visas allow U.S. employers to hire foreign workers for specialized roles, particularly in technology and other skilled professions. Visa holders are typically admitted for up to three years but do not receive permanent resident status through the program.

Judge Cites Supreme Court Tax Ruling

Sorokin's decision drew on the Supreme Court's 2012 ruling that upheld the Affordable Care Act's individual mandate as a valid exercise of Congress's taxing authority.

Referring to that case, the judge wrote that the visa payment was “not a penalty,” comparing it to the fee considered by the Supreme Court.

The administration argued that the courts lacked authority to review the dispute and urged dismissal of the lawsuit, contending that Trump's action was shielded from judicial scrutiny.

Administration Defends Policy

A spokesperson for the Department of Homeland Security criticized the ruling, calling it “blatant judicial activism” and defending the administration's broader immigration agenda.

The spokesperson said the administration's reforms were intended to prioritize American citizens, workers and families.

The legal battle over the fee remains unresolved. In a separate lawsuit brought by the U.S. Chamber of Commerce and the Association of American Universities, another federal judge ruled that Trump acted within his authority when imposing the charge.

An appeals court heard arguments in that case in March and has yet to issue a decision.

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Adapted by ASEAN Now. Source 9 June 2026

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