A federal judge in Boston has vacated a Trump administration policy that imposed a $100,000 fee on new H-1B visa applications, ruling that the executive branch exceeded its authority and violated the Administrative Procedure Act. The administration has indicated it will appeal the decision.
Ruling and Legal Basis
U.S. District Judge Leo Sorokin of the District of Massachusetts issued the ruling on Monday. The judge concluded that the $100,000 fee constituted a tax and that Congress had not delegated taxing authority to the executive branch. The ruling struck down the policy on the grounds that it violated both the Administrative Procedure Act and the Constitution.
The case was filed in December 2025 by 20 states. Judge Sorokin sided with the plaintiffs in a summary judgment, finding that the executive branch overstepped its legal authority.
"The $100,000 fee constituted a tax, and Congress had not delegated taxing authority to the executive branch."
Conflicting Court Decisions
The ruling in Massachusetts conflicts with an earlier federal court decision in Washington, D.C., that upheld the fee hike. That ruling remains in effect until September 2026. Additional lawsuits challenging the fee are pending in federal courts in San Francisco, raising the possibility of conflicting appellate rulings.
Policy Details
The $100,000 fee applied to new H-1B visa petitions and was implemented via presidential proclamation in September 2025. Prior to this change, standard H-1B visa application fees ranged from $2,000 to $5,000. The fee increase is scheduled to expire in September 2026.
The H-1B visa program, created in 1990, permits U.S. employers to hire nonimmigrant workers in specialty occupations for up to six years. The Trump administration argued the fee was intended to restrict the program, citing misuse and the replacement of American workers. The 20 states that brought the lawsuit argued that the fee hindered their ability to hire educators, medical workers, and researchers in public schools, universities, and healthcare. The U.S. Chamber of Commerce and other groups have also filed lawsuits challenging the fee.
Reactions
- Massachusetts Attorney General Andrea Joy Campbell: Described the ruling as protecting "the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research."
- Bobby Mukkamala, President of the American Medical Association: Called the ruling "a victory for patients" and stated that "we should be removing obstacles to attract talented physicians and other highly skilled professionals."
- Department of Homeland Security: Expressed disagreement with the ruling, describing it as "blatant judicial activism." The agency stated that immigration reforms aim to serve American citizens and workers.
- White House spokesperson Taylor Rogers: Stated that "the administration is confident this order will be reversed on appeal."