A federal judge in Massachusetts has struck down the Trump administration’s $100,000 fee on new H-1B visas, ruling the charge to be an unlawful tax. U.S. District Judge Leo T. Sorokin declared the fee vacated in its entirety on June 8, 2026, concluding that the executive branch lacked congressional authority to impose such a financial burden on employers hiring highly skilled foreign workers.
Why Did the Court Strike Down the $100,000 Fee?
Judge Leo T. Sorokin ruled that the $100,000 payment was not a penalty, but a tax that bypassed the legislative process. According to his June 8, 2026, order, the substance of the payment revealed its true nature as a tax regardless of how the administration labeled it. The judge drew a direct parallel to a February 2026 Supreme Court decision that invalidated sweeping tariffs enacted by President Trump under emergency powers. Because the President lacked congressional authorization to levy this specific tax, the judge determined the policy was unlawful.
The impact of the fee was immediate and measurable. By February 15, 2026, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 fee, a sharp decline compared to the typical H-1B visa demand.
How Does This Affect Employers and Healthcare Providers?
The ruling offers relief to industries that rely heavily on the H-1B program, particularly healthcare. Congressman Sanford D. Bishop, Jr. (GA-02) noted that hospitals in underserved and rural areas had reported the fee made recruiting essential staff, such as physicians and nurses, prohibitively expensive. In March 2026, a bipartisan group including Representatives Mike Lawler (R-NY), Maria Elvira Salazar (R-FL), and Yvette Clarke (D-NY) introduced H.R. 7961 to exempt healthcare workers from the fee, citing the strain on local care delivery.
What Happens Next for H-1B Policy?
While the court vacated the current fee, the legal battle is far from over. White House spokeswoman Taylor Rogers stated on June 8, 2026, that the administration remains confident the order will be reversed on appeal. The administration maintains that the President possesses clear legal authority to restrict the entry of foreign nationals when it serves the national interest. Meanwhile, officials continue to push for other policy shifts, such as enhanced vetting and a selection process that prioritizes higher-paid, highly skilled applicants.
| Entity | Position |
|---|---|
| Judge Leo T. Sorokin | Fee is an unauthorized tax; vacated the policy. |
| Trump Administration | Claims legal authority to restrict entry; plans to appeal. |
| 20 State Attorneys General | Challenged the fee as an unlawful executive overreach. |
Frequently Asked Questions
- Is the $100,000 fee still in effect? No. On June 8, 2026, Judge Sorokin declared the policy unlawful and vacated it nationwide.
- What was the standard cost before this fee? Employers typically paid between $2,000 and $5,000 in fees for H-1B applications prior to the proclamation.
- Will the administration appeal the ruling? Yes, White House spokeswoman Taylor Rogers confirmed the administration intends to seek a reversal of the order.
Stay informed on shifting visa regulations by monitoring official U.S. Citizenship and Immigration Services updates, as administrative policies regarding prevailing wages and vetting processes remain in flux.
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