Federal judge strikes down $100,000 H-1B visa fee

🔑 Enhanced Key Takeaways

• •The $100,000 H-1B visa fee was initially imposed through a Presidential Proclamation issued by the Trump administration on September 19, 2025, rather than through a legislative act by Congress.
• •The legal challenge that led to the fee being struck down was brought by a coalition of 20 Democratic state attorneys general, in addition to other organizations and individuals who filed separate lawsuits.
• •Judge Leo T. Sorokin's ruling explicitly categorized the $100,000 charge as an "unlawful tax" rather than a legitimate penalty, emphasizing that the President lacks the constitutional authority to levy taxes without congressional approval.
• •The fee primarily targeted new H-1B petitions for foreign nationals seeking initial entry into the U.S. and was clarified by USCIS not to apply to extensions, amendments, or changes of status for individuals already present in the country.
• •Prior to this ruling, a different U.S. District Court for the District of Columbia had upheld the presidential proclamation imposing the $100,000 fee in a separate lawsuit filed by the U.S. Chamber of Commerce, indicating conflicting judicial interpretations.

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