A federal judge has invalidated President Donald Trump’s $100,000 fee on new H-1B visa applications, ruling that the charge constituted an unauthorized tax and exceeded executive authority. The decision, issued on Monday in Boston, ordered the suspension of the six-figure requirement for highly skilled foreign workers seeking employment in the United States. In a written opinion, the judge stated, “The President had no power or delegated authority to impose a tax on H-1B petitions.”
The fee was originally implemented through an executive order last year as part of an effort to restrict the H-1B visa program. According to reports, President Trump argued that the initiative was necessary to protect U.S. security and address concerns regarding the "replacement of American workers." The administration had sought to raise the cost of visa applications significantly to limit the number of high-skilled foreign workers entering the country.
The recent ruling contradicts an earlier federal court decision in Washington, D.C., which had denied a request from the U.S. Chamber of Commerce to strike down the visa fee. While that prior decision allowed the fee to remain in place temporarily, the latest judicial finding determined that the charge functioned as an unlawful tax rather than a permissible administrative fee. Legal observers note that the conflicting rulings highlight ongoing jurisdictional and statutory debates regarding executive power over immigration fees.
The H-1B visa program has operated in its current form since 1990, providing a pathway for foreign nationals to work in specialized occupations. Under existing regulations, the program permits the issuance of 85,000 visas annually. Of this total, 20,000 visas are specifically allocated to applicants who hold advanced degrees from U.S. institutions. The judicial block now affects all new H-1B visa applicants subject to the $100,000 surcharge.
Following the judge’s order, the $100,000 fee is suspended for new H-1B visa petitions. The ruling addresses the legality of the specific financial requirement rather than the broader immigration policy framework. Stakeholders in the technology and labor sectors will monitor subsequent legal proceedings to determine whether the administration will appeal the decision or adjust its approach to visa processing fees.
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