Federal judge voids Trump's $100,000 fee requirement for H-1B visas

A federal judge has invalidated the Trump administration's policy requiring a $100,000 fee for new H-1B visas, deeming it an unlawful tax that exceeded presidential authority. U.S. District Judge Leo Sorokin ruled that the power to impose such taxes rests solely with Congress, not the executive branch. This decision effectively overturns a significant increase from the previous H-1B fees, which typically ranged between $2,000 and $5,000.

The ruling, issued on Monday, June 8, 2026, came in response to a lawsuit filed by a coalition of 20 states challenging the substantial fee. The judge's decision noted that the high fee had significantly deterred applications, with only 85 payments received as of February 2026.

The Department of Homeland Security criticized the ruling, calling it "blatant judicial activism" and defending the Trump administration's immigration reforms as necessary to protect U.S. workers and program integrity. However, the judgment marks a notable victory for organizations and foreign workers relying on the H-1B visa program for specialized occupations.