US judge blocks Trump’s $100,000 fee for H-1B visas

A federal judge has invalidated a Trump administration policy that mandated a $100,000 fee for every new H-1B skilled worker visa application. Judge Leo Sorokin determined that the steep charge functioned as a tax, which the executive branch lacks the constitutional authority to impose without congressional approval. The ruling follows a legal challenge initiated by 20 Democratic state attorneys general, who contended that the prohibitive cost would severely hinder the recruitment of essential international personnel for hospitals, schools, and universities. While the administration argued the fee was a necessary tool for immigration enforcement, the court rejected the attempt to categorize the levy as a standard administrative penalty. This decision effectively halts a policy that had been applied to only a small fraction of employers since its introduction in September 2025. The H-1B program remains a critical pathway for foreign professionals, including engineers and scientists, to work within the United States.

The ruling reinforces the constitutional separation of powers by preventing the executive branch from bypassing Congress to implement significant financial levies under the guise of administrative fees.