Judge rules that Trump’s $100,000 fee for H-1B visas is unlawful

A federal judge has struck down President Donald Trump’s $100,000 fee for H-1B visas, ruling that the White House lacked authority to impose the charge. U.S. District Judge Leo Sorokin argued the fee constitutes a tax, which requires congressional approval. The fee, effective since September 21, 2025, had made the visas prohibitively expensive for employers, including schools and universities. California relies more on H-1B visas for teachers than any state except Texas and North Carolina, according to a National Education Association analysis. Last fiscal year, 506 U.S. school districts employed 2,300 H-1B visa holders, with California districts granting 294 visas in 2024-25—up from 193 in 2018-19. The visas typically last three years with a possible extension. High-profile universities, such as Stanford, the University of Michigan, and the University of Florida, also depend on the H-1B program for foreign scholars and faculty. Before the fee, employers paid around $3,700 in application and processing costs. The White House, citing national security concerns, had argued Trump has authority to restrict visa entries. The administration plans to appeal the ruling, maintaining that Trump’s decision aligns with immigration policies protecting U.S. interests. A White House spokesperson stated the order would be reversed, emphasizing the president’s discretion over visa restrictions.