A federal judge in Massachusetts on Monday struck down President Donald Trump's controversial $100,000 H-1B visa fee, handing a significant legal setback to the administration's effort to curb the use of foreign skilled workers and setting up what could become a major appellate battle over executive authority in immigration policy.
U.S. District Judge Leo Sorokin ruled that the fee, imposed through a presidential proclamation last year, exceeded the president's authority and violated both federal administrative law and constitutional limits on taxation. The decision invalidates a policy that dramatically increased the cost of hiring foreign professionals through a visa program heavily relied upon by technology companies, healthcare providers and engineering firms.
The ruling came in response to a lawsuit filed by a coalition of 20 Democratic-led states, which argued that the administration had attempted to reshape immigration policy without congressional approval. Sorokin agreed, concluding that the payment requirement functioned as a tax rather than a regulatory fee.
"The President had no power or delegated authority to impose a tax on H-1B petitions," Sorokin wrote in his 42-page decision.
The judge further found that "the substance and application of the $100,000 payment reveal that it is a tax," and said Congress had never granted the executive branch authority to impose such a measure on employers seeking H-1B workers.
The H-1B visa program, established by Congress in 1990, allows U.S. companies to hire foreign professionals in specialized occupations that typically require advanced education or technical expertise. Eligible workers can remain in the United States for up to six years through an initial three-year visa and a subsequent renewal.
The Trump administration announced the fee increase in September 2025, arguing that widespread reliance on the program had contributed to the displacement of American workers and created economic and national security concerns. Before the policy change, employers generally paid between $2,000 and $5,000 in government filing fees per application.
The White House defended the measure following Monday's ruling and signaled that the legal fight is far from over.
"President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America's best interests, and that is exactly what he did," White House spokeswoman Taylor Rogers said in a statement.
Rogers added, "The H-1B program has been abused for decades, and President Trump finally took action to fix it. A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal."
The administration's appeal is expected to focus on presidential powers under federal immigration statutes. Government lawyers argued that existing immigration laws provide broad authority for presidents to take actions deemed necessary to protect U.S. interests. Sorokin rejected that argument, writing that none of those statutes authorized the executive branch to impose taxes or tax-like financial burdens on visa petitions.
