Judge Blocks Trump's $100,000 H-1B Visa Fee — Rules It an Unlawful Tax

A federal judge just dealt a major blow to one of the most controversial immigration policies of Trump's second term.

US District Judge Leo T. Sorokin in Massachusetts ruled on Monday, June 8, 2026, that President Trump's $100,000 fee on H-1B visa applications is an unlawful tax that must be vacated. The ruling is a significant victory for American technology companies and the hundreds of thousands of skilled foreign workers who rely on the H-1B programme each year.

The decision directly contradicts a December 2025 ruling that had upheld the fee — setting up a significant legal conflict that is almost certain to be appealed.

What Is Trump's $100,000 H-1B Visa Fee?

The H-1B visa is the primary mechanism through which US companies — particularly in the technology sector — hire highly skilled foreign workers. Companies like Google, Apple, Microsoft, Amazon, and Meta have historically been among the largest users of the programme. The visa allows holders to work in the US for up to six years and is widely used as a pathway to permanent residence.

In September 2025, President Trump issued a proclamation imposing an additional $100,000 fee on each new H-1B visa application — on top of existing government and attorney fees. Trump framed the move as a national security and economic measure, arguing the H-1B programme had enabled the "replacement of American workers" by cheaper foreign labour.

The fee made H-1B visas effectively cost-prohibitive for small and medium-sized businesses. The US Chamber of Commerce immediately called it "a de facto ban on the programme for most employers."

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Today's Ruling — What Judge Sorokin Said

Judge Sorokin's ruling cuts to the heart of the constitutional issue. A president can restrict immigration under the Immigration and Nationality Act — but the power to levy taxes belongs to Congress, not the executive branch.

By imposing a $100,000 fee, the administration crossed the line from restricting immigration into levying a tax — which requires congressional authorisation. Judge Sorokin found the proclamation violated this separation of powers and ordered it vacated.

"The president's decree dramatically increasing the cost of the popular visa is an unlawful tax and must be vacated," the ruling states, according to Bloomberg.

This ruling directly contradicts the December 2025 decision by US District Judge Beryl Howell in Washington DC, who upheld the fee. With two federal district courts now reaching opposite conclusions, the case is almost certain to be escalated — potentially reaching the Supreme Court.

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What This Means for Tech Companies and Workers

The immediate practical impact of today's ruling — if it holds — is significant:

For tech companies: The $100,000 fee had made it effectively impossible for startups and small companies to sponsor H-1B workers. Large companies like Google and Microsoft could absorb the cost — but the ecosystem of smaller tech firms that also rely on H-1B talent had been devastated. A vacated fee restores access to the programme for the full range of employers it was designed to serve.

For H-1B workers: Hundreds of thousands of skilled workers currently on H-1B visas — and many more waiting in the annual lottery — face significantly reduced barriers if the fee is permanently blocked.

For the Trump administration: This is the latest in a series of judicial setbacks to the administration's immigration agenda — following blocked travel bans, halted asylum restrictions, and now this H-1B ruling.

The Department of Justice is expected to appeal rapidly.

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Key Takeaways

• Judge Leo T. Sorokin (Massachusetts) ruled Trump's $100,000 H-1B visa fee is an unlawful tax and must be vacated — June 8, 2026.
• The fee was imposed in September 2025 to restrict the H-1B programme, which Trump called a vehicle for "replacing American workers."
• This directly contradicts a December 2025 ruling by Judge Beryl Howell (DC) that upheld the fee.
• Two contradictory federal rulings mean the case is almost certain to be escalated and appealed.
• The ruling is a major win for US tech companies and skilled foreign workers who rely on H-1B visas.
• The Department of Justice is expected to appeal the ruling rapidly.