TEMPO.CO, Jakarta - A federal judge has struck down US President Donald Trump's controversial US$100,000 fee on new H-1B visas, ruling that the administration exceeded its authority by imposing what amounted to an unauthorized tax on highly skilled foreign workers.
US District Judge Leo Sorokin in Boston issued the ruling on Monday, siding with a coalition of 20 Democratic state attorneys general who challenged the fee introduced by the Trump administration in September 2025. The policy dramatically increased the cost of obtaining H-1B visas, which are widely used by US employers, particularly technology companies, to hire foreign professionals.
As reported by AP News, the Trump administration defended the fee as a measure to prevent foreign workers from taking jobs from Americans. Officials argued that the higher cost would help reform the immigration system and prioritize domestic workers.
However, Sorokin concluded that the executive branch lacked the authority to impose such a charge without congressional approval. In his ruling, the judge said the policy effectively imposed a tax on H-1B petitions without the necessary delegation from Congress and violated the Administrative Procedure Act, which governs how federal agencies develop and implement regulations.
The H-1B program provides 65,000 visas annually for highly skilled foreign workers, along with an additional 20,000 visas for individuals holding advanced degrees. Most beneficiaries work in specialized fields such as technology, healthcare, education, and research. Prior to Trump's fee increase, employers typically paid between US$2,000 and US$5,000 in visa-related fees, depending on various factors.
According to US News, the administration maintained that the fee was a lawful monetary penalty authorized under federal immigration law, which grants the president authority to restrict the entry of certain foreign nationals deemed detrimental to US interests.
Sorokin rejected that argument, finding that the payment functioned as a tax rather than a penalty. He wrote that the substance and application of the US$100,000 charge clearly demonstrated its nature as a tax regardless of how the government described it. The judge also referenced a recent US Supreme Court decision that struck down Trump's broad tariff measures, concluding that the same legal reasoning applied to the visa fee.
The lawsuit was led by a coalition of states that argued the policy would hamper their ability to recruit teachers, university faculty members, researchers, and healthcare professionals. State officials warned that the higher costs would worsen labor shortages in critical sectors.
Massachusetts Attorney General Andrea Joy Campbell welcomed the ruling, saying it would protect the integrity of the H-1B program and help fill essential vacancies in education, healthcare, and research institutions.
The decision was also praised by the American Medical Association. Its president, Bobby Mukkamala, described the ruling as a victory for patients, noting that international medical graduates play a crucial role in serving underserved and rural communities facing physician shortages.
California Attorney General Rob Bonta, who led the multistate coalition, said the court had struck down what he called an unlawful and costly tax that threatened America's ability to attract and retain highly skilled talent.
The ruling adds to a growing legal battle over the fee. Multiple lawsuits have been filed in federal courts across the country, including challenges brought by the US Chamber of Commerce, labor organizations, and religious groups. A separate federal judge in Washington, D.C., previously upheld the fee, creating conflicting legal outcomes that could eventually require resolution by higher courts.
The Trump administration has already indicated it will appeal the decision. White House spokesperson Taylor Rogers said the administration remains confident that the ruling will be overturned.
"President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America's best interests, and that is exactly what he did," Rogers said.
The Department of Homeland Security also criticized the ruling, arguing that it undermines the administration's efforts to reform immigration policy and protect American workers.
Despite the administration's objectives, the fee has seen limited use since taking effect. US Citizenship and Immigration Services data showed that only 85 employers had paid the US$100,000 charge as of mid-February 2026.
For now, Sorokin's decision blocks implementation of the fee, offering relief to employers, universities, healthcare providers, and foreign professionals who rely on the H-1B visa program. The ultimate fate of the policy, however, is likely to be determined through the appeals process.
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