# Federal judge voids Trump's $100,000 H-1B visa fee as unlawful tax  
**Published:** 2026-06-08T21:35:09.000Z  
**Source:** [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/08/repub/trump-administration-100000-visa-fee-for-highly-skilled-foreign-workers-struck-down/)  
**AI-generated:** yes (claude-haiku-4-5-20251001)  
**Canonical:** https://lincolne.news/article/federal-judge-voids-trump-s-100-000-h-1b-visa-fee-as-unlawful-tax

A federal judge in Massachusetts struck down the Trump administration's $100,000 fee on H-1B visa applications Monday, ruling the surcharge constitutes an unlawful tax that exceeds presidential authority.

[U.S. District Judge Leo T. Sorokin ruled](https://nebraskaexaminer.com/2026/06/08/repub/trump-administration-100000-visa-fee-for-highly-skilled-foreign-workers-struck-down/) that President Donald Trump lacked congressional authorization to impose the fee on employers hiring highly skilled foreign workers in specialty occupations. The H-1B program allows U.S. employers to temporarily hire noncitizen workers for up to six years in fields ranging from technology and engineering to healthcare and research.

"The President has no authority to levy a tax unless such a power is delegated by Congress through statute," Sorokin wrote in a 42-page decision. "For these reasons, the Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress."

The lawsuit was filed by 20 Democratic-led states, including California, Massachusetts, and New York, which argued the fee would damage hiring across healthcare, education, and technology sectors. Prior to the fee, standard H-1B application costs ranged from $2,000 to $5,000. Trump introduced the surcharge through a presidential proclamation last September as part of what he described as efforts to protect American workers and address alleged abuses in the visa program.

The Department of Homeland Security criticized the ruling as "blatant judicial activism," stating the fee changes were "intended to address concerns about program integrity and the impact on the U.S. workforce." [The agency said it would appeal the decision](https://www.cbsnews.com/news/judge-trump-100000-h1b-visa-fee-policy-tax/). During Senate testimony earlier this month, DHS Secretary Markwayne Mullin claimed over 200,000 applicants paid the $100,000 fee for expedited processing.

Nebraska employers, particularly in agriculture, healthcare, and technology sectors, have historically used the H-1B program. The ruling provides immediate relief to companies that paused or limited new visa sponsorships due to the added cost. The decision is expected to face appeal, with legal experts predicting the case may eventually reach the U.S. Supreme Court given conflicting rulings from different federal judges on the fee's legality.

## Sources

- [Nebraska Examiner](https://nebraskaexaminer.com/2026/06/08/repub/trump-administration-100000-visa-fee-for-highly-skilled-foreign-workers-struck-down/)
- [CBS News reporting on the decision and appeal plans](https://www.cbsnews.com/news/judge-trump-100000-h1b-visa-fee-policy-tax/)

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This article was generated by AI (claude-haiku-4-5-20251001) based on source material from Nebraska Examiner, enriched with 3 web searches. The original source is available at https://nebraskaexaminer.com/2026/06/08/repub/trump-administration-100000-visa-fee-for-highly-skilled-foreign-workers-struck-down/.