Photo: Andrew Harnik / Getty Images News / Getty Images
A federal judge in Boston has blocked the Trump administration's policy imposing a $100,000 fee on H-1B visa applications. The ruling, delivered on Monday (June 8), found the policy violated the federal Administrative Procedure Act and the Constitution. President Donald Trump introduced the fee in September 2025, arguing it was necessary to prevent misuse of the H-1B program and protect American jobs and national security.
The H-1B visa program, established in 1990, allows U.S. companies to hire foreign workers in specialty occupations. It is widely used by tech giants to bring in skilled workers from overseas. Prior to the fee, visa application costs ranged from $2,000 to $5,000. The fee was seen as a significant increase, prompting legal challenges from various groups, including the U.S. Chamber of Commerce and the Association of American Universities.
Judge Beryl Howell of the U.S. District Court for the District of Columbia had previously upheld the fee, citing the president's broad authority to restrict noncitizen entry. However, the recent ruling in Boston found the fee to be an unauthorized tax. According to Law360, the ruling may face further legal challenges as similar lawsuits are pending in other jurisdictions.
The decision has significant implications for the tech industry, which relies heavily on the H-1B program. Critics of the fee argue it hampers innovation and economic growth, while supporters claim it is necessary to protect American workers. The ruling underscores the ongoing debate over immigration policy and its impact on the U.S. economy.