A federal judge has struck down former President Donald Trump’s controversial policy requiring employers to pay $100,000 for H-1B visa applications, handing a major victory to business groups, state governments and the technology industry.
In a ruling issued on Monday, Judge Leo Sorokin of the US District Court in Massachusetts said the policy violated both the US Constitution and the federal Administrative Procedure Act. The judge agreed with a coalition of 20 states that challenged the measure, finding that the fee was effectively a tax imposed without approval from Congress.
“The substance and application of the $100,000 payment reveal that it is a tax,” Sorokin wrote, adding that Congress had never granted the executive branch authority to impose such a charge.
The Trump administration quickly signalled it would appeal the decision, arguing that the president has broad powers to restrict immigration when it is deemed necessary to protect American interests.
White House spokeswoman Taylor Rogers defended the policy, saying the H-1B programme had been abused for years and contributed to the replacement of American workers. She insisted the administration remained confident the ruling would be overturned.
Trump introduced the fee through a presidential proclamation in September as part of a wider effort to curb the use of H-1B visas. The programme, created by Congress in 1990, allows US companies to hire highly skilled foreign professionals in fields such as technology, engineering, healthcare and finance for up to six years.
The move drew immediate criticism from major employers including technology firms that rely heavily on international talent. Before the change, H-1B application fees generally ranged from about $2,000 to $5,000.
Business groups warned that the dramatic increase would make it significantly more expensive for companies to recruit skilled workers, potentially harming innovation and economic growth. The US Chamber of Commerce filed a separate lawsuit challenging the policy, arguing it exceeded presidential authority and threatened American competitiveness.
The ruling comes amid an ongoing national debate over immigration, labour shortages and the role of foreign workers in the US economy. It also marks another legal setback for Trump’s immigration agenda, which has faced repeated challenges in federal courts over the years.
