BOSTON, United States — A federal judge on Monday, June 8, 2026, voided President Donald Trump’s $100,000 application fee requirement for H-1B visas, ruling that only Congress held the power to impose such a tax.
The decision struck down a policy Trump had introduced to curb what he described as overuse of the programme, which allows American companies to hire highly skilled foreign workers in specialised fields.
United States District Judge Leo Sorokin, an appointee of former President Barack Obama based in Boston, struck down the policy in a 42-page decision, concluding that only Congress held the power to alter federal immigration policy in such a manner.
“The President had no power or delegated authority to impose a tax on H-1B petitions,” Sorokin wrote.
The case was brought by a coalition of Democratic state attorneys general in December, several months after Trump imposed the fee requirement, which he said was intended to curb what he described as overuse of the programme.
In rejecting the administration’s defence, Sorokin dismissed arguments that existing federal immigration law granted the president sufficient latitude to implement the requirement.
While those statutes gave the executive branch some flexibility to adjust immigration policy, the judge found that nowhere within them had Congress authorised the president to levy taxes in the immigration sphere.
The H-1B visa programme allows foreign nationals with bachelor’s degrees or equivalent qualifications to work in specialised professional fields in the United States.
Each visa is valid for three years and may be renewed for a further three years.
Economists have argued that the programme enables American companies to remain competitive globally and to expand their operations domestically, thereby generating additional employment in the country.
CNN reported that it had sought comment from the Justice Department, which had not responded at the time of publication.
