A federal judge in Boston struck down President Trump's $100,000 application fee for new H-1B visas on Monday, ruling that he had no authority to impose it. U.S. District Judge Leo Sorokin sided with 20 Democratic-led states that had challenged the policy, finding that only Congress can levy such a charge on immigration petitions.
In a 42-page decision, Sorokin wrote that "the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called." Trump imposed the fee by presidential proclamation in September 2025, arguing the H-1B program was undermining U.S. workers. Before the proclamation, employers typically paid just $2,000 to $5,000 per petition.
The ruling matters because H-1B is the main route U.S. tech companies use to hire skilled foreign engineers. The administration called the decision "judicial activism" and said it is confident the order will be reversed on appeal.