Federal judge strikes down Trump's $100,000 fee on new H-1B visas

A significant story is unfolding on the international scene. Immigration Federal judge strikes down Trump's $100,000 fee on new H-1B visas June 9, 20261:07 AM ET By The Associated Press In this Aug. 17, 2018, file photo, people arrive before the start of a naturalization ceremony at the U. Citizenship and Immigration Services Miami Field Office in Miami.

Wilfredo Lee/AP hide caption toggle caption Wilfredo Lee/AP BOSTON — A federal judge on Monday struck down the Trump administration's $100,000 fee on new H-1B visas, contradicting an earlier federal court ruling upholding the fee hike. Technology Apple, Google tell workers on visas to avoid leaving the U. amid Trump immigration crackdown The administration announced the much-higher fee as a way of preventing foreign workers from taking American jobs.

The Details

District Court Judge Leo Sorokin in Boston sided with 20 states and struck down the visa policy, concluding that the executive branch exceeded its authority and violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations. "The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress," Sorokin wrote. Sponsor Message H-1B visas are meant for high-skilled jobs that are difficult to find American workers to fill.

Deep-pocketed technology companies are the biggest users, with nearly three-quarters of approvals going to workers from India. The states argued that using the H-1B program to fill vacancies for much-needed doctors and teachers was already difficult before the higher fee. Most H-1B visa applications cost several thousand dollars before the announced increase set off a wave of panic among confused employers, students and workers in the United States and abroad and led to several lawsuits, including in Boston.

National Trump's new $100K fee on H-1B visas will hurt the tech companies trying to woo him The U. Chamber of Commerce also sued, in federal court in Washington, D. , and has appealed a denial of a summary judgment against the fee hike.

What Experts Say

That left the higher fee in effect, at least until September 2026, when it is scheduled to expire. Monday's ruling is also a summary judgment, to the opposite effect. Still another lawsuit was filed in federal court in San Francisco, by religious groups and labor organizations, setting up the possibility of divided rulings in three appellate court circuits.

In the Boston case, the states argued that the policy impedes their ability to hire primary and secondary school educators and to staff public colleges and universities, will stymie academic research and will lead to a decline in medical workers. Sponsor Message "Today's victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research," Massachusetts Attorney General Andrea Joy Campbell said in a statement.

The story has become one of the most prominent items on the global agenda.