A federal judge ruled Monday that the $100,000 H-1B visa fee implemented by the Trump administration late last year is unlawful.
In a lawsuit challenging the policy brought by 20 state attorneys general, Judge Leo Sorokin, of the United States District Court for the District of Massachusetts, ruled that the administration lacked authority to impose the fee, finding that it effectively “imposes a tax on H-1B petitions without the requisite delegation by Congress.” The court also found that the policy was “arbitrary and capricious.”
The $100,000 H-1B visa fee was introduced by the Trump administration in Sept. 2025 and was set to last for 12 months, unless it was extended by the president.
The fee only applied to the petitions below filed on or after 12:01 a.m. on Sept. 21, 2025:
- Beneficiaries who were outside of the United States and did not have a valid H-1B visa;
- Those requesting consular notification, port of entry notification or pre-flight inspection for a beneficiary who is inside the United States; or
- If USCIS determined that the beneficiary was ineligible for a requested change of status, amendment, or extension of stay, and USCIS consequentially approved the H-1B for consular notification, port of entry notification or pre-flight inspection.
What does this mean for affected employers and H-1B applicants?
As part of the ruling, the court vacated the policy implementing the fee. Although the practical impact of the decision will depend on future developments in the litigation, the ruling represents a significant challenge to the administration’s authority to impose the fee.
However, the legal process is likely not over. The Trump administration may appeal the decision and/or seek additional relief from the courts while appellate proceedings are pending.
Employers and foreign nationals who may have been affected by the $100,000 fee should monitor developments closely. They should also consider consulting with experienced immigration counsel to evaluate their options at this time.
The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will provide updates as additional information becomes available.