A federal judge has blocked a $100,000 fee for H-1B visa applications imposed by the Trump administration.
U.S. District Judge Leo Sorokin stated that the administration exceeded its authority, and the fee overreached into Congress’s power to set immigration policy and taxes. Sorokin wrote that the substance and application of the $100,000 payment reveal that it is a tax, regardless of what it is called.
H-1B visas allow employers to hire international talent for specialty jobs, particularly in the tech industry. Recipients are lawfully typically admitted to the U.S. for three years, but they are not lawful permanent residents.
In September 2025, Trump signed a proclamation adding a $100,000 fee for new H-1B visa applications. The fees are generally paid for by the sponsoring employer, and administration officials have suggested it is an initiative to encourage companies to hire Americans.
The lawsuit was led by attorney generals Rob Bonta, New York, and Andrea Campbell, Massachusetts and represented 20 states.
The judge relied on the Supreme Court’s 2012 decision upholding an individual mandate to buy health insurance. The justices ruled 5-4 that it was a lawful exercise of Congress’s taxing authority, rejecting a challenge that it was an unlawful penalty. The Trump administration contended that the judge had no authority to get involved in the visa fee dispute, and the DOJ contended Trump’s action was unreviewable for multiple reasons and the judge should dismiss the states’ case.
Late last year, another judge who oversaw a challenge to the H-1B visa fees brought by the U.S. Chamber of Commerce and the Association of American Universities sided with the administration, ruling Trump was within his authority. An appeals court heard the Chamber’s bid to revive its case in March. It could rule at any time.