Overview
- Judge Leo T. Sorokin ruled Monday that the $100,000 fee imposed by President Trump on H‑1B petition filings is unlawful because it exceeded executive power.
- The decision came in a suit led by California and 19 other states that argued the payment was effectively a tax only Congress can impose.
- The fee was created by a September 2025 presidential proclamation aimed at curbing alleged misuse of the H‑1B program by employers.
- At least two other legal challenges remain active, including an appeal by the U.S. Chamber of Commerce in the D.C. Circuit, and the federal government is expected to appeal Sorokin’s ruling.
- If the fee stays blocked, employers that rely on H‑1B hires — especially tech firms — would avoid a steep new cost, and the ruling may limit future unilateral changes to immigration fees by the executive branch.