WASHINGTON: A US federal judge has blocked a Trump administration rule that would have imposed a $100,000 fee on each new H-1B visa application, ruling that the measure was unlawful and beyond executive authority.
The decision was issued by Judge Leo Sorokin, who found that the proposed charge effectively functioned as a tax, which under US law can only be imposed by Congress.
The rule, announced in September 2025 by President Donald Trump, sought to significantly increase costs for companies sponsoring foreign skilled workers under the H-1B visa programme, which is widely used in the technology, healthcare, and academic sectors.
The H-1B system allows US employers to hire foreign professionals in specialised fields such as engineering, science, and computer programming for an initial period of three years, extendable up to six years. The programme is capped at 65,000 visas annually, with an additional 20,000 reserved for applicants holding advanced degrees.
The proposed $100,000 charge would have been far higher than existing administrative fees, which typically amount to a few thousand dollars per application, and was widely viewed as a major barrier to hiring foreign talent.
Judge Sorokin ruled that the administration could not reclassify a tax as a fee or penalty in order to bypass congressional approval. The ruling followed a legal challenge filed by 20 state attorneys general, all Democrats, who argued that the policy would have harmed institutions such as universities, schools, and hospitals that rely on international skilled workers.
The Trump administration defended the measure as part of its immigration enforcement strategy, arguing that the president had authority to impose such restrictions. The court rejected that position.
Court filings indicated that only a small number of employers had paid the fee before the rule was challenged and effectively halted.