A federal judge in Boston has struck down the Trump administration’s $100,000 fee on new H-1B visas, directly contradicting an earlier federal court ruling that upheld the increase.
U.S. District Court Judge Leo Sorokin sided with 20 states in ruling that the executive branch exceeded its authority and violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations.
“The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin wrote in his ruling.
The Trump administration had announced the sharply higher fee as a measure aimed at preventing foreign workers from displacing American workers in the domestic labor market.
H-1B visas are designed for high-skilled positions that are difficult to fill with American workers, with technology companies being the largest users and nearly three-quarters of approvals going to workers from India.
Before the fee increase was announced, most H-1B visa applications cost several thousand dollars, and the proposed hike triggered widespread panic among employers, students, and workers both in the United States and abroad.
The U.S. Chamber of Commerce also filed suit in federal court in Washington, D.C., and has appealed a denial of a summary judgment against the fee hike, leaving the higher fee in effect at least until September 2026 when it is scheduled to expire.
A third lawsuit was filed in federal court in San Francisco by religious groups and labor organizations, raising the prospect of conflicting rulings across three separate appellate court circuits.
Massachusetts Attorney General Andrea Joy Campbell welcomed the decision, stating: “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.”
Bobby Mukkamala, the president of the American Medical Association, called the ruling “a victory for patients,” warning that communities across the country already face physician shortages and growing barriers to care.
“International medical graduates play a vital role in caring for patients, particularly in underserved and rural areas,” Mukkamala said, arguing the country should be removing obstacles rather than creating new ones for skilled medical professionals.
The Department of Homeland Security pushed back sharply, issuing a statement that condemned what it described as “blatant judicial activism dismantling President Trump’s historic efforts for immigration reform.”
The department’s statement referenced Homeland Security Secretary Markwayne Mullin, saying the administration’s immigration reforms were intended to serve American citizens, workers, and families rather than import foreign nationals who it claimed take American jobs and burden public systems.
White House spokesperson Taylor Rogers said the administration “is confident this order will be reversed on appeal,” signaling the legal battle over the fee policy is far from over.
