June 8, 2026 – A federal judge on Monday struck down a $100,000 fee U.S. President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax Congress never authorized. The H-1B visa is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years.
The administration argued the fee constituted a lawful monetary penalty that the president was authorized to impose under federal immigration law, which gives him the power to restrict the entry of certain foreign nationals when he deems it “detrimental to the interests of the United States.”
But Sorokin concluded that the fee was not a penalty but a tax that the Republican president lacked any authorization from Congress to issue and that the U.S. State Department and U.S. Citizenship and Immigration Services could not implement.
The H-1B visa program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about $2,000 to $5,000 in fees depending on various factors.
The judge cited the U.S. Supreme Court’s February ruling striking down Trump’s sweeping tariffs he pursued under a law meant for use in national emergencies. Under the logic of the justices’ decision in that case, Trump similarly had no authority under immigration law to levy a tax, Sorokin said.
White House spokeswoman Taylor Rogers in a statement said the Trump administration is confident Sorokin’s order will be reversed on appeal.
For more information on H-1B visa,
text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com
FREE consultation – Book consultation: www.gaillaw.as.me
Copyright © 2025, Law Offices of Gail S. Seeram. All Rights Reserved.
