Federal judge vacates Trump's $100,000 H-1B visa fee as unlawful tax
A federal judge ruled the Trump administration's $100,000 H-1B visa fee unlawful, finding it exceeded executive authority and violated the Administrative Procedure Act. The lawsuit was brought by a coalition of 20 state attorneys general, not a certified class action, and the ruling applies nationwide.
The bundle confirms Judge Sorokin's ruling that the $100,000 H-1B fee imposed by executive action on September 19, 2025, violated the Administrative Procedure Act and the separation of powers by functioning as a tax without congressional authorization. The Politico and California AG press release note the lawsuit was filed by California Attorney General Rob Bonta leading a coalition of 20 state attorneys general, not a class action. The ruling applies nationwide, temporarily blocking the fee.
This is a significant judicial check on executive overreach, reaffirming that major immigration fees require explicit congressional approval. The administration has vowed to appeal, but the decision demonstrates that courts can still enforce the rule of law. The fee targeted high-skilled workers, imposing a steep barrier on legal immigration without any statutory basis. For Project Daylight readers, this ruling is a victory for due process and the separation of powers, though the fight over legal immigration restrictions continues.
The humanitarian alternative
A more sustainable approach to H-1B fee reform would involve congressional legislation that sets graduated fees based on employer size and reliance on the visa program, with reinvestment into domestic STEM education and workforce training. Such a fee structure could address concerns about displacement without violating constitutional limits. Congress should also consider raising the H-1B cap and removing per-country limits to better match labor demand, while ensuring wage protections for both foreign and U.S. workers through strengthened enforcement of prevailing wage standards.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- The Trump administration will appeal the ruling within 30 days.
- The appeals court will uphold the district court's ruling within 12 months.
- The fee generated less than $10 million in revenue before being blocked.
Grounded in
- Court blocks Trump's $100K visa fee - POLITICO
- Federal judge blocks $100,000 fee for H-1B visa applications
- Federal judge blocks Trump's $100,000 H-1B visa fee - ABC News
- Judge blocks Trump's $100,000 H-1B visa fee - CNBC
- Federal judge rules Trump's $100,000 fee for H-1B visas unlawful
- Trump's $100K H-1B visa fee struck down - Axios
- Attorney General Bonta Secures Final Judgment in Lawsuit ...
- United States: District Court Vacates $100000 H-1B Fee - Fragomen
Original source — excerpted
news Federal judge blocks Trump's $100,000 H-1B visa fee"The judge said that the federal government had overstepped its authority. Donald Trump in the Oval Office at the White House in Washington, D.C., June 4, 2026...."