A federal judge struck down Trump’s $100,000 annual H-1B fee on June 8, ruling it an unconstitutional tax that exceeded presidential authority. The administration is expected to appeal.
What the Judge Decided
US District Judge Leo Sorokin in Boston issued a 42-page ruling on June 8, 2026, vacating the $100,000 annual fee that President Trump imposed on H-1B visa applications through a presidential proclamation issued last September.
The ruling found that the fee was not a regulatory restriction on immigration but a tax, and under the US Constitution, the power to levy taxes belongs exclusively to Congress, not the executive branch. Because Trump imposed the fee through presidential proclamation rather than through legislation, he lacked the constitutional authority to do so.
Judge Sorokin cited the 2026 Supreme Court case Learning Resources v. Trump, which had already unraveled a central element of the administration’s tariff strategy, applying the same constitutional reasoning to the H-1B fee.
The Trump administration had argued that the Immigration and Nationality Act gave the president authority to impose the charge. The court rejected that argument, finding that the INA does not include the power to tax.
What the Fee Was and Who It Affected
Trump imposed the $100,000 annual fee via presidential proclamation in September 2025, framing it as a response to what he called the “large-scale replacement of American workers” through the H-1B program.
The H-1B visa program was created by Congress in 1990. It allows US employers to hire skilled foreign workers in specialty occupations, primarily technology, engineering, medicine, and finance, for up to six years. The government issues 65,000 H-1B visas annually, with an additional 20,000 reserved for workers with advanced degrees. Roughly two-thirds of all H-1B positions are in computer-related fields.
Before the fee was imposed, H-1B application costs were already substantial but manageable for most employers. The $100,000 annual charge represented a 20 to 50 times increase on existing rates, depending on the category. For small and mid-sized companies, it was effectively prohibitive. Even for large tech companies, the costs were significant: Amazon alone had more than 10,000 H-1B visas approved in the first half of 2025, with Microsoft and Meta each exceeding 5,000.
The ruling is a significant win for the technology sector and for the many skilled workers and their families whose employment and immigration status depends on the H-1B program.
Why This Ruling Matters Beyond H-1B
The legal principle at the center of this case extends well beyond one visa category. The court’s finding that executive-imposed fees of this scale constitute a tax, and that taxes require congressional authorization, is part of a broader pattern of federal courts limiting the Trump administration’s use of executive authority to reshape immigration and trade policy without going through Congress.
This is the same constitutional logic that has produced rulings against the administration’s tariff strategy, its use of the Alien Enemies Act, its efforts to end birthright citizenship by executive order, and its attempt to terminate TPS designations without proper legal process. Courts across the political spectrum have consistently found that the administration has been stretching the boundaries of executive authority into territory that the Constitution reserves for the legislative branch.
For H-1B holders and their employers, the immediate practical effect is the elimination of a fee that was disrupting hiring decisions, green card sponsorships, and long-term workforce planning across industries that depend on skilled international workers.
What Comes Next
The Trump administration is widely expected to appeal the ruling. Until that appeal is resolved, the fee is vacated, meaning employers and workers should not be subject to it during the pendency of litigation.
Anyone with a pending H-1B petition, a renewal, or a green card case tied to H-1B employment should consult with an immigration attorney to understand how this ruling affects their specific situation. The legal landscape around work visas and employer-sponsored immigration is shifting rapidly, and staying current with each development matters.
Powers Law Group Is Here
Powers Law Group represents employers and workers navigating H-1B petitions, renewals, and employment-based green card cases across Texas. If you have questions about how this ruling affects your visa status or your company’s hiring plans, contact us today.
Sources
- The Guardian, Federal Judge Rules Trump’s $100,000 Fee for H-1B Visas Unlawful, June 8, 2026. https://www.theguardian.com
- US District Court, District of Massachusetts, Ruling by Judge Leo Sorokin Vacating H-1B Fee, June 8, 2026.
- Supreme Court of the United States, Learning Resources v. Trump, 2026. https://www.supremecourt.gov
- US Citizenship and Immigration Services, H-1B Specialty Occupation Workers: Program Overview. https://www.uscis.gov
- American Immigration Lawyers Association, H-1B Visa: Employer and Employee Rights, 2025. https://www.aila.org
- American Immigration Council, The H-1B Visa Program: A Primer on the Program and Its Impact, 2024. https://www.americanimmigrationcouncil.org
- The New York Times, Trump’s $100,000 H-1B Fee and Its Impact on Tech Hiring, September 2025. https://www.nytimes.com
- Reuters, Federal Court Strikes Down Trump’s H-1B Fee as Unconstitutional Tax, June 8, 2026. https://www.reuters.com
- Powers Law Group, USCIS Just Changed the Rules on Green Cards. If You’re on a Visa in the US, This Affects You., May 2026. https://www.rubypowerslaw.com
- Powers Law Group, 1.2 Million People Are in the Green Card Backlog. USCIS Just Told Almost All of Them to Leave the Country., May 2026. https://www.rubypowerslaw.com
