A federal judge in Boston has dismantled a Trump-era policy that slapped a massive $100,000 fee on new H-1B visas, dealing a blow to the former president’s efforts to curb the flow of skilled foreign workers into the U.S. tech sector and universities.
U.S. District Judge Leo Sorokin ruled on Monday that the steep surcharge, imposed without congressional approval, amounted to an unlawful tax. The decision came in response to a lawsuit filed by 20 Democratic state attorneys general, who argued the fee was a backdoor way to bypass legislative authority.
The fee, announced in September of last year, was part of a broader Trump administration strategy to prioritize American workers over foreign talent. It was one of several immigration hardline measures that also included sweeping deportation crackdowns, policies that became central to Trump’s 2024 presidential campaign.
In a 42-page ruling, Sorokin wrote: “The Policy implementing the Proclamation is declared unlawful and is vacated in its entirety.” The judge found that the executive branch overstepped its bounds, as Congress never authorized such a charge.
The states’ top prosecutors hailed the ruling as a victory for businesses and universities that rely on the H-1B program to fill critical roles in engineering, technology, and research. The fee had threatened to make the U.S. less competitive in attracting global talent, they argued.
The White House has not yet commented on the decision. This story is developing and will be updated as more information becomes available.
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