US Judge Blocks Trump’s $100,000 Fee for H-1B Visas

June 2026 | By Azad News

A United States federal judge has blocked a controversial Trump administration rule that would have imposed a $100,000 fee on each new H-1B visa application.

The ruling was issued by Judge Leo Sorokin, who stated that the proposed charge effectively functioned as a tax and therefore required approval from the US Congress.

The H-1B visa program allows US companies to hire foreign professionals in specialised fields such as science, engineering, and information technology for an initial period of three years, extendable up to six years.

The controversial policy was introduced by the Trump administration in September 2025, aiming to impose higher costs on skilled foreign workers entering the United States.

The court decision followed a legal challenge filed by 20 state attorneys general, who argued that the fee would negatively impact public institutions, including universities, schools, and healthcare facilities.

Judge Sorokin rejected the government’s argument that the fee was a regulatory measure, stating that it could not be classified as a fee or penalty to bypass constitutional tax authority.

Under the H-1B system, the United States issues up to 65,000 visas annually, along with an additional 20,000 for applicants with advanced degrees. Employers typically pay only a few thousand dollars in processing fees.

The proposed $100,000 charge was significantly higher than standard costs and was widely criticised as a major barrier to skilled immigration.

Court records indicate that only a small number of employers had paid the fee before it was challenged and subsequently halted.

Conclusion

The federal court ruling represents a major setback for the proposed H-1B visa fee policy, reinforcing that significant immigration-related financial measures require congressional approval.

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