A federal judge in the United States has blocked a controversial $100,000 fee requirement for H-1B visa applicants, dealing a significant setback to a Trump-era immigration policy targeting skilled foreign workers.
The ruling was issued by U.S. District Judge Leo Sorokin, who found that the fee imposed through a presidential proclamation exceeded executive authority and amounted to an unlawful tax that could not be implemented without congressional approval.
The decision effectively invalidates one of the most aggressive cost increases ever introduced for the H-1B visa program, which is widely used by U.S. tech companies to hire highly skilled foreign professionals.
In his ruling, the judge stated that the administration lacked legal authority to impose such a high fee unilaterally.
The court found that the policy was not a permissible regulatory charge, but instead functioned as a tax — a power reserved for Congress under the U.S. Constitution.
The decision followed a legal challenge filed by a coalition of 20 Democratic state attorneys general, who argued that the fee would harm employers, public services, and institutions dependent on skilled foreign labour.
The H-1B visa program is heavily used by major technology companies, including firms in Silicon Valley, to sponsor engineers, researchers, and IT specialists from abroad.
The $100,000 fee, announced as part of a broader immigration crackdown, had already created uncertainty in hiring pipelines and raised concerns over talent shortages in key sectors.
Industry groups argued the measure would make it significantly harder for companies and public institutions to recruit global talent.
Judge Sorokin’s ruling referenced constitutional limits on executive power, noting that taxation powers belong exclusively to Congress.
The decision aligns with broader judicial scrutiny of executive immigration measures, including prior rulings that have limited unilateral financial penalties imposed through executive action.
The ruling marks a major legal defeat for the administration’s immigration agenda and is expected to trigger an appeal.
The Trump administration has previously defended the fee as a lawful tool to protect American jobs and discourage overreliance on foreign labour.
However, the court rejected that argument, stating the policy could not bypass legislative authority.
The ruling blocks enforcement of the fee, but legal experts say the case is likely to continue through appeals, potentially reaching higher courts.
For now, the decision restores previous H-1B fee structures and removes the $100,000 requirement from active implementation.