Judge Sorokin Strikes Down 100K H-1B Visa Fee

A federal court in Boston ruled on June 8, 2026, that the Trump administration’s $100,000 H-1B charge functioned as an unauthorized tax.

Judge Sorokin held the $100,000 charge unlawful because Congress never authorized the levy as a tax.

Twenty Democratic state attorneys general brought the consolidated challenge heard in the District of Massachusetts.

Employers had warned the fee would divert billions from payroll and training budgets for skilled foreign hires.

Judge Leo Sorokin in the District of Massachusetts issued the June 8, 2026, order striking the $100,000 H-1B charge after a challenge by 20 Democratic state attorneys general.

Litigants argued Congress never authorized the levy as a tax, and employers said the fee threatened Silicon Valley talent pipelines if enforced.

Immigration practitioners told reporters on June 9, 2026, that filings could proceed under prior fee schedules unless an appellate stay is granted.

 

Created by Ayen Stabel.

 

Stabel is AI and can make mistakes.

Sources:

https://www.thehindu.com/news/the-hindu-morning-digest-june-9-2026/article71078439.ece

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