Federal judge rules Trump’s $100,000 fee for H-1B visas unlawful | US immigration
US politics | The Guardian — 2026-06-08 13:47:00 — www.theguardian.com
Judge Strikes Down Trump’s $100,000 H-1B Visa Fee, Citing Unlawful Tax and False Claims
A federal judge has struck down Donald Trump’s $100,000 annual fee on H-1B visa applications, ruling the measure an unlawful tax that violated both federal administrative law and the U.S. Constitution. The decision, issued by U.S. District Judge Leo Sorokin in Boston, responded to a lawsuit filed by 20 Democratic state attorneys general and vacated a fee that had increased costs for H-1B visas by 20 to 50 times.
Trump’s Fee Lacked Legal Authority
Trump imposed the $100,000 charge last September through a presidential proclamation, arguing that the H-1B visa program had enabled the “large-scale replacement of American workers.” However, Judge Sorokin found that the fee amounted to a tax, not a regulatory restriction. Since the Constitution grants Congress—not the president—the exclusive power to levy taxes, Sorokin ruled that Trump lacked the authority to impose such a fee.
The Trump administration had attempted to justify the fee under the Immigration and Nationality Act, but the court found that this legislation does not grant the president the power to tax. Sorokin cited the 2026 Supreme Court case Learning Resources v Trump, which had previously unraveled a key part of Trump’s tariff strategy, as precedent for his decision.
Fact-Checking Trump’s Claims on H-1B Visas
Trump’s justification for the fee—that the H-1B program enabled the “large-scale replacement of American workers”—has been widely disputed. The H-1B program, created in 1990, allows U.S. employers to hire skilled foreign workers in specialty occupations for up to six years. Each year, 65,000 visas are issued, with an additional 20,000 for advanced-degree holders. About two-thirds of H-1B positions are in computer-related fields, and Silicon Valley companies depend heavily on the program. For example, Amazon had more than 10,000 H-1B visas approved in the first half of 2025, with Microsoft and Meta each exceeding 5,000.
Commerce Secretary Howard Lutnick claimed at the time that major tech companies were “on board” with the fee and urged firms to “train Americans” rather than hire from abroad. However, the court’s ruling is seen as a significant reprieve for the tech sector, which relies on international talent to fill critical roles.
Conclusion: Court Rejects Trump’s Overreach
Judge Sorokin’s decision underscores the limits of presidential authority and highlights the importance of fact-based policymaking. Trump’s attempt to dramatically raise H-1B visa fees—based on the unsupported claim that the program was responsible for widespread job losses among Americans—was found to be both unconstitutional and lacking in legal justification. The ruling not only protects the legal rights of employers and skilled workers but also reaffirms the constitutional separation of powers. The Trump administration is widely expected to appeal the decision, but for now, Silicon Valley and other sectors that depend on H-1B visas have won a significant victory.
Source: https://www.theguardian.com/us-news/2026/jun/08/trump-h-1b-visa-fee-invalidated