Federal District Judge Leo Sorokin ruled that administration exceeded its authority by imposing the fee without approval from Congress
WASHINGTON: (UrduPoint/Pakistan Point News-June 9th, 2026) A US Federal judge has struck down President Donald Trump’s policy requiring a $100,000 fee for H-1B visa applications for high-skilled foreign workers, declaring the move unlawful.
Federal District Judge Leo Sorokin ruled that the administration exceeded its authority by imposing the fee without approval from Congress.
In a 42-page judgment, the court stated that regardless of its classification, the $100,000 charge effectively functioned as a tax. It further noted that the executive branch does not have the legal authority to impose such a tax on H-1B visa applicants.
The policy, announced in September under the Trump administration, was challenged by 20 US states, including California, which argued that the measure was unconstitutional and beyond executive powers.
Reacting to the decision, the Department of Homeland Security described the ruling as judicial activism.
The H-1B visa programme, created by the US Congress in 1990, allows American companies to hire foreign professionals in specialised fields for temporary employment of up to six years. The programme has an annual cap of 65,000 visas, with an additional 20,000 reserved for applicants holding advanced degrees.
Under existing rules, employers typically pay fees ranging from $1,700 to $4,500 per application. The Trump administration’s proposed policy would have increased this fee to $100,000, triggering legal and political challenges across several states.
