Judge Blocks Fee for H-1B Visas

A Federal Judge on 6/8/2026 Blocked a $100,000 Fee for H-1B Visa Applications Imposed by the Trump (R) Administration. U.S. District Judge Leo Sorokin Agreed with a Group of Democratic-led States that the Administration Exceeded its Authority, and the Fee Usurped Congress’s Power to Set Immigration Policy and Taxes.

“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” wrote Sorokin, an Appointee of former President Obama (D).

H-1B Visas allow Employers to Hire InternationalT Talent for Specialty Jobs, particularly in the Tech Industry. Recipients are Lawfully typically Admitted to the U.S. for Three years, but they are Not Lawful Permanent Rresidents.

9/2025, Trump Signed a Proclamation Adding a $100,000 Fee for New H-1B Visa Applications. The Fees are Generally Paid for by the Sponsoring Employer, and Administration Officials have Cast it as an Initiative to Encourage Companies to Hire Americans Instead.

It came under Several Legal Challenges. Sorokin was Assigned the Case brought by 20 Democratic-Controlled States, led by California Attorney General Rob Bonta (D) and Massachusetts Attorney General Andrea Campbell (D).

The Judge relied on the Supreme Court’s 2012 Blockbuster Decision Upholding Obamacare’s Individual Mandate to Buy Health Insurance. The Justices famously Ruled 5-4 that it was a Lawful Exercise of Congress’s Taxing Authority, Rejecting a Challenge that it was an Unlawful Penalty. “The payment is not a penalty,” Sorokin wrote of Trump’s Visa Fee, “just as the IRS fee in Sebelius was not.”

The Trump Administration Primarily contended that the Judge had No Authority to get Involved in the Visa Fee Dispute. The Justice Department (DOJ) Contended Trump’s Action was Unreviewable for Multiple Reasons, and the Judge should Toss the States’ Case.

“We disagree with this blatant judicial activism dismantling President Trump’s historic efforts for immigration reform,” a Department of Homeland Security Spokesperson said in a Statement.

“Under President Trump and Secretary Mullin, our immigration system is being reformed to serve American citizens, American workers, and American families and to preserve our national identity—not to rapidly import foreigners who take American jobs, commit crimes, burden our welfare system, and erode our cultural and social fabric.”

Late last year, another Judge who Oversees a Challenge to the H-1B Visa Fees brought by the U.S. Chamber of Commerce (USCC) and the Association of American Universities (AAU) sided with the Administration, Ruling Trump was within His Authority.

An Appeals Court Heard the Chamber’s Bid to Revive its Case in 3/2026. It could Rule at any time.










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