A federal judge delivered a significant blow to the Trump administration's immigration policy on Monday, striking down a $100,000 fee imposed on new H-1B visas. The ruling by U.S. District Court Judge Leo Sorokin in Boston contradicts an earlier federal court decision that had upheld the substantial fee increase.
Judge Sorokin sided with 20 states that challenged 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. In his written opinion, Sorokin stated that the policy "imposes a tax on H-1B petitions without the requisite delegation by Congress."
The administration had announced the dramatically higher fee as a mechanism to prevent foreign workers from taking American jobs. However, the states argued that the policy would severely hamper their ability to address critical labor shortages in essential sectors including education, healthcare, and medical research.
H-1B visas are designed for high-skilled positions that prove difficult to fill with American workers. Deep-pocketed technology companies represent the largest users of the program, with nearly three-quarters of approvals going to workers from India. The challenging states contended that utilizing the H-1B program to fill vacancies for much-needed doctors and teachers was already difficult before the higher fee was implemented.
Most H-1B visa applications cost several thousand dollars before the announced increase triggered widespread confusion and concern among employers, students, and workers both in the United States and abroad. The policy change spawned multiple lawsuits across different jurisdictions, including the successful challenge in Boston.
The legal landscape surrounding this issue remains complex. The U.S. Chamber of Commerce filed suit in federal court in Washington, D.C., and has appealed a denial of summary judgment against the fee hike. That earlier ruling left the higher fee in effect, at least until September 2026, when it is scheduled to expire. Monday's ruling represents a summary judgment with the opposite conclusion. An additional lawsuit was filed in federal court in San Francisco by religious groups and labor organizations, creating the possibility of divided rulings across 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.
Massachusetts Attorney General Andrea Joy Campbell celebrated the decision in a statement, according to NPR. "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," Campbell told NPR.
The Department of Homeland Security issued a statement expressing disagreement with what it characterized as "blatant judicial activism dismantling President Trump's historic efforts for immigration reform." The agency's statement emphasized that under President Trump and Secretary Markwayne Mullin, the immigration system is being reformed to serve American citizens, workers, and families.
"Under President Trump and Secretary Mullin, our immigration system is being reformed to serve American citizens, American workers, and American families and to preserve our national identity — not to rapidly import foreigners who take American jobs, commit crimes, burden our welfare system, and erode our cultural and social fabric," the Department of Homeland Security statement said, referring to Homeland Security Secretary Markwayne Mullin.
White House spokesperson Taylor Rogers indicated in a separate statement that the administration "is confident this order will be reversed on appeal."
The ruling represents a significant development for employers, educational institutions, and healthcare facilities that rely on the H-1B program to address workforce gaps. As the legal battle continues across multiple federal circuits, the ultimate fate of the fee increase remains uncertain, though Monday's decision provides immediate relief to those seeking to sponsor high-skilled foreign workers.
