Federal Judge Strikes Down Trump’s $100,000 H-1B Visa Fee
The federal bench in New England is on a roll. Last week a federal district judge in Rhode Island struck down the Trump visa freeze, and this week a federal district judge in Massachusetts struck down the Trump Administration’s requirement that businesses pay $100,000 for new H-1B visa petitions.
Federal Court Invalidates $100,000 H-1B Petition Fee
The case before U.S. District Court Judge Leo T. Sorokin was brought by twenty states challenging the $100,000 fee, which President Trump announced via a Presidential Proclamation on September 19, 2025.
Why the Court Found the Fee Unlawful
The states argued that the fee is actually a tax and therefore a violation of the separation of powers doctrine, which reserves taxing power for Congress. The states also claimed that the fee violates the law governing procedures required for executive branch actions. The Court agreed on both counts.
What These Recent Immigration Court Rulings Mean
Both of these cases indicate a willingness by the federal judiciary to reign in the Trump Administration’s repeated attempts to circumvent Congress and create federal law without adhering to the rules required for Executive Branch action.
Judge McConnell in the visa freeze case found that USCIS had “violated the very immigration laws that Congress has charged it with administering, as well as the administrative laws that govern the agency’s actions.” Similarly, in this week’s decision, Judge Sorokin found that the H-1B visa case “presents significant constitutional separation-of-powers issues,” because only Congress has the power to tax and the $100,000 fee “improperly levies a tax on H1-B petitions.”
Partner with Benach Pitney Reilly Immigration
Given this latest example of the constantly shifting ground in immigration law, it is more important than ever to have an experienced advocate by your side. If you need assistance applying for an H-1B visa or any other immigration help, Benach Pitney Reilly LLP stands ready to assist you.