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Federal judge strikes down Trump's $100,000 fee on new H-1B visas

The judge ruled the fee was an unlawful tax, and the government said it would appeal after companies paused H-1B participation.

  • On Monday, a federal judge struck down the $100,000 H-1B visa fee, siding with 20 states that argued President Donald Trump's administration exceeded its authority by imposing the charge without congressional approval.
  • Trump imposed the $100,000 fee by proclamation last September, arguing the H-1B program—created by the 1990 Immigration Act—was being abused to replace American workers with lower-paid foreign staff.
  • District Court Judge Leo Sorokin in Boston ruled the policy violated the Administrative Procedure Act, writing, "The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress."
  • Despite the policy's limited success, the Trump administration said Thursday it will appeal the ruling, as the government reported receiving only 85 payments worth $8.5 million in revenue by mid-February.
  • Conflicting rulings set up the possibility of divided decisions across appellate court circuits, as a separate challenge brought by the U.S. Chamber of Commerce previously upheld the charge.
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Bias Distribution

  • 37% of the sources are Center, 36% of the sources lean Right
37% Center

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The American Spectator broke the news in Alexandria, United States on Thursday, June 11, 2026.
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