On June 8, 2026, U.S. District Court Judge Leo Sorokin vacated the $100,000 fee imposed by President Trump on H-1B visa applications, stating that it violated the federal Administrative Procedure Act and the Constitution. The judge noted that the fee effectively functions as a tax, which the executive branch cannot impose without congressional approval.
The H-1B visa program, established in 1990, is crucial for U.S. tech companies seeking to employ high-skilled foreign workers in specialty occupations. Trump's administration had introduced the fee last September as part of an effort to limit the program, citing concerns over the replacement of American workers. Previously, H-1B visa fees ranged from $2,000 to $5,000.
The ruling follows a lawsuit filed by 20 states and a separate challenge from the U.S. Chamber of Commerce, indicating significant pushback against the administration's immigration policies. The White House has not yet commented on the decision