US judge blocks Trump’s $100,000 H-1B visa fee for highly skilled foreign workers, calling it unlawful
2026/06/10 1 Comment
Courts working (apart from SCOTUS):
A federal judge on Monday struck down a US$100,000 fee U.S. President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax Congress never authorized.
U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas, which tech companies in particular rely heavily on to bring on foreign workers.
The administration argued the fee constituted a lawful monetary penalty that the president was authorized to impose under federal immigration law, which gives him the power to restrict the entry of certain foreign nationals when he deems it “detrimental to the interests of the United States.”…

Like a lot of Trump’s more odious policies, courts are not finding them per se problematic, but simply that they are unauthorized by Congress. Good thing that Congress would not authorize these policies.