The US federal court ruled that the $100,000 fee for H-1B work visas introduced by the administration of President Donald Trump is illegal. According to the court’s decision, this payment was introduced outside the powers of the executive authority.
On June 8, Massachusetts federal district court judge Leo Sorokin ruled to cancel the $100,000 application fee for H-1B visas. This levy will be introduced by the Donald Trump administration in September 2025 was done.
The court’s decision came on the basis of a lawsuit filed by 20 states. Judge Sorokin, justifying his decision, noted that this levy is considered a new type of tax, and the president does not have the authority to independently introduce such a tax.
“The President has neither constitutional nor statutory authority to impose a tax on the H-1B visa application process,” the court ruled.
At the same time, another US federal court previously ruled that the levy was legal. Currently, this decision has been appealed and the appeal process is ongoing.
The H-1B visa is a program designed to attract highly skilled foreign professionals to work in the United States. It is mainly used by large companies operating in the fields of information technology, engineering, medicine and scientific research. According to official data, about two-thirds of the H-1B visas approved each year are accounted for by Indian nationals.
The Trump administration introduced this fee as part of its migration policy, and the White House explained this decision by the need to protect jobs for American citizens. Until then, the cost of issuing an H-1B visa usually did not exceed $5,000.
According to observers, the court’s decision is important for the US labor market and may affect the process of attracting highly qualified foreign personnel.
