Judge rules Trump’s $100,000 H-1B visa fee unconstitutional
5 verified4 unconfirmed
A federal judge in Boston on Monday struck down the Trump administration's $100,000 fee on new H-1B visa applications, ruling that the president exceeded his authority and imposed an unconstitutional tax without congressional authorization. U.S. District Judge Leo Sorokin concluded that the fee violated the Administrative Procedure Act and was implemented in an "arbitrary and capricious" manner. The ruling directly contradicts an earlier decision by a federal judge in Washington, D.C., who upheld the fee as within the president's broad immigration authority. The case was brought by California and 19 other states, which argued that the fee harmed their ability to hire educators, medical workers, and researchers. The administration immediately signaled it would appeal, with a White House spokesperson expressing confidence the decision would be reversed. The fee, announced in September 2025, required employers to pay $100,000 per H-1B petition, a sharp increase from previous fees of up to $5,000. The Justice Department and the Department of Homeland Security have defended the policy as a measure to protect American workers, while business groups and medical associations praised the ruling.
What’s verified
U.S. District Judge Leo Sorokin in Boston ruled the $100,000 H-1B visa fee is an unconstitutional tax that Congress did not delegate to the president.
The fee was imposed by President Trump in September 2025 for a period of one year.
The lawsuit was filed by California and 19 other states (20 states total).
Sorokin’s ruling contradicts a December 2025 decision by U.S. District Judge Beryl Howell in Washington, D.C., who upheld the fee.
The Trump administration has stated it will appeal the ruling.
Not yet confirmed
According to only one source, the fee is scheduled to expire in September 2026.
Only one source reported President Trump complaining that "these federal judges are really giving us a hard time" regarding the ruling.
Only one source cited the Supreme Court precedent Learning Resources v. Trump as part of the legal reasoning.
Only one source included statements from Massachusetts Attorney General Andrea Joy Campbell and American Medical Association President Bobby Mukkamala praising the ruling.
Key figures
Leo Sorokin – U.S. District Judge (Boston)
Beryl Howell – U.S. District Judge (Washington, D.C.)
Donald Trump – President of the United States
Andrea Joy Campbell – Massachusetts Attorney General
Bobby Mukkamala – President of the American Medical Association
Markwayne Mullin – Secretary of Homeland Security
Taylor Rogers – White House spokesperson
U.S. Chamber of Commerce – plaintiff in separate lawsuit
Sources: NPR, reason.com
