Judge Rules Trump's H-1B Fee is Unauthorized Tax
by ACOI
June 17, 2026
A Massachusetts federal judge has ruled that President Donald Trump's $100,000 H-1B visa payment constitutes a tax that Congress did not authorize the president to impose, declaring the fee unlawful and vacating it in its entirety.
The ruling is in response to a suit filed by 20 states that argued the fee, established by proclamation, had damaged their ability to hire workers at publicly run institutions like colleges and hospitals.
The Trump Administration has filed a notice of appeal and sought a stay of the ruling pending appeal, which the court has granted. As such, U.S. Citizenship and Immigration Services may continue enforcing the fee requirement at this time.