A federal judge in Boston struck down the Trump administration’s $100,000 fee on new H-1B visas. This decision contradicts a previous court ruling that upheld the fee hike. Announced as a measure to prevent foreign workers from taking American jobs, the fee was invalidated by U.S. District Court Judge Leo Sorokin. He determined that the administration overstepped its authority and violated the Administrative Procedure Act.
In his ruling, Judge Sorokin emphasized that the fee constituted a tax on H-1B petitions without the necessary authorization from Congress. H-1B visas are designed for high-skilled positions that are challenging to fill with American workers. Technology firms predominantly use these visas, with nearly 75% issued to Indian workers.
The fee increase faced opposition from various states. They argued that filling critical roles like doctors and teachers was difficult even before the heightened fees. This led to confusion among employers and prompted several lawsuits, including in Boston. The U.S. Chamber of Commerce also contested the hike in Washington, D.C., and intends to appeal a denial of summary judgment that left the increased fee effective until September 2026.
Additional lawsuits have arisen in federal courts in San Francisco, posing the risk of conflicting rulings across appellate circuits. In the Boston case, states claimed that the fee affected their ability to hire educators and staff public institutions, potentially hindering academic research and healthcare staffing.
Massachusetts Attorney General Andrea Joy Campbell celebrated the ruling, stating that it safeguards the H-1B program’s role in addressing labor shortages in vital sectors like education and healthcare. She noted that Massachusetts would benefit by filling critical vacancies and hiring top-tier faculty and researchers in higher education institutions.
The American Medical Association President, Bobby Mukkamala, hailed the decision as a victory for patients. He stressed the importance of removing barriers to attract skilled medical professionals, particularly in underserved areas. Mukkamala emphasized that international medical graduates are crucial in providing care.
The Department of Homeland Security expressed dissatisfaction with the ruling. They described it as an example of judicial activism undermining President Trump’s immigration reform efforts. The department’s statement underscored their commitment to an immigration system prioritizing American citizens and workers.
White House spokesperson Taylor Rogers expressed confidence that the decision will be overturned on appeal.
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