A policeman stands at the US Embassy as players of the Iranian National Football Team visit to complete their visa application procedures for the 2026 FIFA World Cup, in Ankara, Turkey, 21 May 2026. EPA/NECATI SAVAS By Nate Raymond
U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas.
The administration argued the fee constituted a lawful monetary penalty that the president was authorized to impose under federal immigration law, which gives him the power to restrict the entry of certain foreign nationals when he deems it “detrimental to the interests of the United States.”
But Sorokin concluded that the fee was not a penalty but a tax that the Republican president lacked any authorization from Congress to issue and that the U.S. State Department and U.S. Citizenship and Immigration Services could not implement.
“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” wrote Sorokin, who was appointed by Democratic President Barack Obama.
The judge cited the U.S. Supreme Court’s February ruling striking down Trump’s sweeping tariffs he pursued under a law meant for use in national emergencies. Under the logic of the justices’ decision in that case, Trump similarly had no authority under immigration law to levy a tax, Sorokin said.
White House spokeswoman Taylor Rogers in a statement said the Trump administration is confident Sorokin’s order will be reversed on appeal.
“President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did,” she said.
The H-1B program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Technology companies in particular rely heavily on workers who receive H-1B visas.
Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about $2,000 to $5,000 in fees depending on various factors. The fee will not apply to visas granted to foreign citizens already in the United States on student visas, who generally make up a large share of new H-1B recipients.
The increase in fees has discouraged H-1B visa requests, according to court filings. As of February 15, U.S. Citizenship and Immigration Services had received just 85 payments of the $100,000 fee, the administration said in a March filing.
The Trump administration has also ordered enhanced vetting of H-1B applicants and proposed a new visa selection process that would favor higher-skilled and better-paid workers.
The $100,000 fee prompted at least three different lawsuits challenging its implementation, including a case by the U.S. Chamber of Commerce, which is appealing a December decision by a judge in Washington, D.C., who rejected its claims that Trump had no authority to set the fee.
(Reporting by Nate Raymond in Boston; Additional reporting by Daniel Wiessner; Editing by David Bario, Cynthia Osterman and Aurora Ellis)