Judge Strikes Down Trump's $100,000 H-1B Visa Fee

U.S. District Judge Leo Sorokin invalidated a $100,000 annual fee imposed by Donald Trump on H-1B visa applications on June 8, 2026. The court ruled the fee, established via a September 2025 proclamation, functioned as an unlawful tax that violated the U.S. Constitution and the Administrative Procedure Act because the power to levy taxes resides exclusively with Congress. The decision followed a lawsuit filed by 20 Democratic-led states, including California, and provided immediate relief to technology firms, healthcare providers, and universities.

The ruling contradicted a December 2025 decision by a Washington D.C. court that had upheld the fee. While the Trump administration condemned the decision as judicial activism, they moved to appeal. On June 11, the Department of Justice officially filed a notice to appeal, and on June 12, Judge Sorokin stayed his own decision to allow the administration to seek an emergency appellate review.

In response to the judicial setback, Republican Congressman Mike Kennedy introduced the PROTECT Act of 2026 to codify the fee into law by requiring employers to pay H-1B workers at least $100,000 annually. Meanwhile, the administration continues to defend the measure as a necessary tool to prevent the replacement of American workers with lower-paid foreign professionals. A separate federal ruling in Rhode Island also struck down other immigration restrictions targeting nationals from 39 countries, citing anti-immigrant animus.