Judge Says the Fee Went Too Far
A federal judge in Massachusetts has struck down President Donald Trump’s $100,000 fee for H-1B visa petitions, saying the administration crossed a constitutional line. U.S. District Judge Leo Sorokin ruled that the charge worked like a tax, not a penalty, and that only Congress can impose or delegate taxes. That is a small detail, of course, unless you happen to be the branch of government trying to set one with a proclamation. The case was brought by 20 states, led by California, and it challenged the fee Trump announced in September for employers seeking highly skilled foreign workers.
The Court Rejected The Administration’s Shortcut
Sorokin also found that the policy ran afoul of the Administrative Procedure Act, the law that tells agencies to slow down and do the paperwork before changing things that affect real people and real money. According to the ruling, the agencies behind the fee failed to give a solid explanation, failed to consider alternatives, and failed to weigh the impact of the rule. They also did not have a valid emergency or foreign-affairs reason to skip notice and comment. In plain English, the court said the government cannot point to a presidential directive and then act as if the rulebook has been retired.
Millions Were Already Collected
The administration said U.S. Citizenship and Immigration Services had received 85 payments under the new charge as of Feb. 15, totaling $8.5 million. Before Trump’s proclamation, employers generally paid between $960 and $7,595 in H-1B related fees, so the jump was not exactly subtle. The H-1B program allows 65,000 visas each year, plus 20,000 more for advanced degree holders, and the visas usually last three to six years. The court invalidated the agency memoranda, guidance documents, website instructions, FAQs, and fee schedules used to put the policy into effect, which is a tidy reminder that bad paperwork can still cost real money.
Business Leaders Wanted The Door Left Open
Trump argued the fee was needed because the H-1B system was helping replace American workers and was harming economic and national security interests. Business and tech leaders answered with the usual polished concern, which is corporate PR for “please do not make payroll harder.” Amazon received 19,301 H-1B approvals from 2024 through mid-2025, more than any other major tech company, while Microsoft had 9,914 and Apple had 8,075, according to USCIS data. The ruling puts the fee on hold and leaves the larger fight over immigration, labor, and executive power right where it belongs, in court, where everyone can pretend the paperwork was always the important part.
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