$100,000 H-1B Visa Fee Struck Down

Author: Michael Cardman, Brightmine Senior Legal Editor

June 8, 2026

A federal judge has vacated President Trump's proclamation requiring all new H-1B visa petitions to be accompanied by a $100,000 payment.

When he issued the proclamation in 2025, Trump said the fee was necessary because the H-1B program "has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor." 

Later that year, a coalition of state attorneys general filed a lawsuit to block the fee, arguing it was unconstitutional and a violation of federal administrative law.

Judge Leo Sorokin of the US District Court for the District of Massachusetts agreed. In an order issued today, he said the $100,000 fee was arbitrary and capricious.

A Department of Homeland Security spokesperson called the ruling "blatant judicial activism."

"The recent changes to the H-1B visa program, including the increased fee, are intended to address concerns about program integrity and the impact on the US workforce," the spokesperson told Brightmine. "The policy aims to ensure that employers prioritize hiring US workers, particularly in high-skilled fields. The Trump Administration remains committed to safeguarding opportunities for American workers and maintaining the integrity of employment-based visa programs."

The White House told Politico the administration is confident the order will be reversed on appeal.

About 65% of H-1B employees work in computer and technology-related jobs, followed by architecture, engineering and surveying (9%), education (6%), administrative specialization (5%) and other jobs making up the remaining 15%, according to the Pew Research Center.