Thousands of businesses, high-skilled foreign workers and immigration advocates received important news Monday after a federal judge blocked a controversial policy pushed by the Donald Trump Administration that imposed a $100,000 fee on new H-1B visa applications.
The decision represents one of the biggest judicial setbacks to recent White House immigration measures and could have a significant impact on sectors such as technology, healthcare, engineering, agriculture and renewable energy.
What are H-1B visas?
A federal judge has voided President Donald Trump’s requirement of a $100,000 application fee for H-1B visas, ruling that he lacked authority to impose the new policy for a program used by companies to hire highly skilled foreign workers in specialized fields…. pic.twitter.com/JunAO1wbyq
– CNN (@CNN) June 8, 2026
H-1B visas allow U.S. companies to temporarily hire highly skilled foreign workers in areas such as technology, science, mathematics, medicine and engineering.
Each year there is a cap of 65,000 H-1B visas, plus an additional 20,000 reserved for individuals who hold master’s or advanced degrees from U.S. universities.
Large technology companies such as Google, Microsoft, Amazon, Meta and others have historically used this program to attract international talent.
New $100,000 fee for H-1B visas illegal
We won our case against the Trump administration for trying to destroy the H-1B visa program.
Thousands with these visas serve New Yorkers as doctors, teachers, and other skilled workers.
I’ll keep fighting to protect them and our immigrant communities.https://t.co/HMGznBwueh
– NY AG James (@NewYorkStateAG) June 8, 2026
The measure announced by the Trump Administration in September 2025 drastically raised the cost of access to the program through a new $100,000 fee for certain applicants.
However, U.S. District Judge Leo Sorokin in Boston concluded that the federal government exceeded its statutory authority by imposing the fee without congressional authorization.
In a 42-page ruling, the magistrate determined that the amount could not be considered an ordinary administrative fee, but rather functioned as a tax, something that requires legislative approval.
The lawsuit was filed by a coalition of 20 states led by California, home to much of the U.S. technology industry.
Concern among companies and immigration lawyers
A federal judge has struck down the Trump administration’s $100,000 fee on new H-1B visas. https://t.co/YhL5a0mUzx
– The Associated Press (@AP) June 9, 2026
Since the measure was announced, business organizations and immigration experts have expressed concern about the potential economic consequences.
The American Immigration Lawyers Association (AILA) warned that the increase could affect not only the technology sector.
But also to hospitals, universities, agricultural companies and renewable energy companies that rely on specialized professionals from abroad.
According to AILA, the additional cost would have made access to the program considerably more difficult and generated uncertainty among employers and workers.
What happens now?
U.S. District Judge Leo Sorokin ruled illegal and definitively struck down the $100,000 fee imposed by President Donald Trump’s administration on new H-1B visas intended for highly skilled foreign professionals.
The ruling… pic.twitter.com/CHUYFr7ovk
– La Jornada (@lajornadaonline) June 8, 2026
With the court ruling, the extraordinary rate is suspended and the usual program costs remain in effect.
This means that, for now, businesses will continue to pay the traditional fees associated with the H-1B process, which typically range from approximately $1,700 to $4,500 depending on the case and applicable administrative fees.
The Trump Administration could still attempt to appeal the decision, so the future of this immigration policy remains uncertain.
Meanwhile, the ruling is seen by many experts as a victory for U.S. companies that rely on international talent and for foreign professionals seeking to develop their careers in the United States.
Filed under: Illegal fee H-1B visas
