Donald Trump’s $100,000 H-1B visa application fee declared illegal; here’s what complete court order by Federal judge says
A federal judge has blocked a $100,000 fee for H-1B visa applications imposed by the Trump administration in September 2025. The US District Judge Leo Sorokin in Massachusetts sided with California and 19 other states that sued to block the fee. An appointee of former President Obama, Sorkin agreed with the group of Democratic-led states that the administration exceeded its authority, and that the fee usurped Congress’s power to set immigration policy and taxes. Sorokin said that Trump lacked the authority to impose the hefty fee on businesses without approval by Congress.“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” wrote Sorokin. He added, “The payment is not a penalty,” Sorokin wrote of Trump’s visa fee, “just as the IRS fee in Sebelius was not.”
What final Conclusion and Orders in the case say
The final order reads: For the foregoing reasons, the Court ALLOWS Plaintiffs’ motion for summary judgment, Doc. No. 86, and DENIES Defendants’ cross-motion for summary judgment, Doc. No. 92. At the parties’ request, the Court DISMISSES WITHOUT PREJUDICE the claims against the Department of Justice, the Attorney General, the Department of Labor, and the Secretary of Labor. Defendants’ motion to dismiss, id., is OTHERWISE DENIED. The Policy implementing the Proclamation is declared unlawful and is VACATED in its entirety. The Clerk shall enter judgment in favor of Plaintiffs and against Defendants, with each side bearing its own fees and costs
What exactly is $100,000 fee for new H-1B visa applications
In September 2025, Trump signed a proclamation adding a $100,000 fee for new H-1B visa applications. This added the fee on top of existing application costs that already run to several thousand dollars. Administration officials framed it as an incentive for companies to hire Americans instead of importing foreign workers.
Impact of $100000 visa fee on Plaintiffs as per the court documents
“The Proclamation and the corresponding Policy have significantly increased the cost of H-1B petitions, which, prior to the Proclamation, totaled somewhere between $960 and $7,595 in regulatory and statutory fees. Plaintiffs allege that they stand to suffer various harms from the new payment requirement. First, Plaintiffs allege that the Policy will impede their ability to hire educators for their primary and secondary schools, exacerbating existing teacher shortages. Second, Plaintiffs assert that the Policy will negatively impact their ability to staff public colleges and universities and stymie critical academic research. Finally, Plaintiffs allege that the Policy will lead to a decline in H-1B medical workers, which, in turn, will worsen staffing shortages in medical facilities and diminish access to healthcare. Plaintiffs contend that the Proclamation’s impact on healthcare professionals “will cause cascading harm throughout the Plaintiff States” by impairing public healthcare providers’ ability to provide adequate services to residents and by heightening costs to state insurance programs.”
