US judge blocks Trump’s $100,000 fee for skilled visa applications

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US President Donald Trump speaks to the press in the Oval Office of the White House in Washington, DC, on June 3, 2026. (Photo by Mandel NGAN / AFP)

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A US federal judge on Monday blocked President Donald Trump from imposing a $100,000 fee on employers filing visa applications for foreign highly-skilled workers.

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District Judge Leo Sorokin ruled in a lawsuit filed by 20 Democratic-ruled states that the move usurped taxation powers held by Congress and the fee for the H-1B visas constituted an unlawful tax.

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“The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote in his 42-page ruling.

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“The President had no power or delegated authority to impose a tax on H-1B petitions,” he wrote.

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A different federal judge upheld the $100,000 fee in December in a separate case. That ruling is currently being appealed.

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That lawsuit was brought by the US Chamber of Commerce, a pro-business lobbying group, and the Association of American Universities, which represents 69 US-based research schools.

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Trump announced the new H-1B visa policy in September, arguing that the system was being abused to replace American workers with people willing to work for less money.

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The H-1B fee is part of a larger immigration crackdown by the Republican president, who has unleashed a massive push against migrants since returning to the White House.

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The United States awards 85,000 H-1B visas per year on a lottery system. India accounts for around three-quarters of the recipients.

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H-1B visa fees previously cost up to $5,000.

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Tech entrepreneurs — including Trump’s former ally Elon Musk — had warned against targeting H-1B visas, saying that the United States does not have enough homegrown talent to fill important tech sector job vacancies.

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AFP

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