Major Ruling Against Trump’s H-1B Visa Policy

A federal judge, appointed by Obama, has struck another blow to President Trump’s administration. This time, he invalidated a new request for a $100,000 payment linked to H-1B visas, deeming the policy illegal.

U.S. District Judge Leo Sorokin in Massachusetts ruled that the administration overstepped its bounds by attempting to impose increased fees on companies applying for H-1B visas. He concluded that this requirement functioned as a tax, which only Congress has the authority to impose.

Sorokin’s decision came after a coalition of 20 states challenged Trump’s proclamation from September 2025, which mandated this new payment for employers seeking to hire foreign workers under the H-1B program—a system used to bring in skilled labor from abroad, with about 65,000 visas issued annually.

Before Trump’s intervention, employers generally paid application fees ranging from $2,000 to $5,000 depending on various factors like application type and company size. The Trump administration argued that the higher fees were essential to prevent abuses of the visa system and to protect American jobs.

According to Trump, the H-1B program was exploited to replace American workers with lower-paid foreign labor, and these new fees were designed to address that issue. However, Judge Sorokin dismissed this legal justification, clarifying that while the president has broad authority regarding immigration, he cannot impose taxes.

“The policy imposes a tax on H-1B petitions without the necessary legal backing from Congress,” Sorokin stated. He was firm in his distinction, emphasizing that “taxes are not ‘restrictions’” on immigration.

Moreover, Sorokin criticized federal agencies for failing to follow proper procedures by implementing these policies without public notice or comment, determining that they exceeded their statutory authority. His ruling invalidated the policy entirely.

Interestingly, despite losing this case, Trump is not part of a separate legal fight involving foreign student visas at Harvard University.

Sorokin, who was nominated to the federal bench by Obama and confirmed by the Senate in 2014, previously issued a nationwide injunction against Trump’s birthright citizenship order, citing likely unconstitutionality under the 14th Amendment. This matter is now before the Supreme Court, with a decision expected soon.

The Trump administration is likely to appeal this latest ruling, sparking a renewed debate over presidential powers and immigration policy.

White House Press Secretary Taylor Rogers commented that President Trump has the legal authority to restrict foreign nationals he feels are not in the United States’ best interest. She noted that the H-1B program has faced issues for years and expressed confidence that the administration’s stance will prevail on appeal, citing a previous court support for a similar order.

In related legal proceedings, U.S. District Judge Beryl Howell in Washington chose not to block the policy in a December 2025 case, rejecting claims from the U.S. Chamber of Commerce that the additional charges violated federal immigration law.