Federal Judge Suspends Trump's Fee for New H-1B Visas

A federal judge blocked the imposition of an annual fee of $100,000 for each new H-1B visa, implemented by the Trump administration in September 2025. Leo Sorokin, a judge for the U.S. District Court for the District of Massachusetts, ruled that the fee is "unconstitutional," understanding that it functioned as a tax.

According to the magistrate, nominated by President Barack Obama, the fee imposed by Donald Trump was intended to raise revenue from a legally authorized program, thus exceeding the powers of the executive branch.

In addition, Sorokin found that the measure violated the Administrative Procedure Act (APA), which requires federal agencies to subject new regulations to a public consultation process, in addition to justifying their adoption and evaluating alternatives.

The lawsuit was filed by 20 Democratic states and challenges the $100,000 fee. Specifically, the document reached the Department of Homeland Security (DHS) and the secretary, Markwayne Mullin, as well as other federal agencies involved in implementing and enforcing the policy.

The H-1B is the primary visa used by U.S. companies to hire highly skilled foreign workers, especially in technology, engineering, medicine, research, and mathematics.

In the pre-Trump reform system, companies faced a set of administrative fees that, in most cases, totaled a few thousand dollars per application, depending on the type of employer and the processing. These costs were one-time or renewal fees, rather than a flat annual fee, while the $100,000 imposed by Trump was also a one-time payment.

"If you're going to train somebody, you're going to train one of the recent graduates from one of the great universities across our land.  Train Americans. Stop bringing in people to take our jobs," Commerce Secretary Howard Lutnick noted at the time.