U.S. Judge Halts Trump Era Proposal to Charge $100,000 Visa Fee

Published on
08/06/2026 – 22:02 GMT+2

A federal judge in the United States has blocked the Trump administration’s plan to impose a $100,000 fee on employers seeking to hire highly skilled foreign workers. The judge ruled that the fee would constitute an unauthorised tax, exceeding executive authority without congressional approval.

When the fee proposal was announced in a presidential proclamation in September 2025, it drew widespread criticism from business leaders and employees alike. Industry experts warned that the measure could impede recruitment and affect the mobility of skilled professionals.

US District Judge Leo Sorokin found that the proposed levy on H‑1B visa applications—used by U.S. companies to employ foreign specialists—bypassed the legislative process required for tax‑like charges. The ruling underscores the constitutional limits on presidential power and emphasizes that such a fee would need explicit approval from lawmakers.

The decision was a victory for multiple states that challenged the fee, arguing it would severely disrupt hiring at public institutions that depend on international expertise, such as state universities and hospitals.

In his judgment, Judge Sorokin cited two pivotal Supreme Court cases. One upheld the Affordable Care Act by labeling its individual mandate a tax, while a more recent decision rejected executive efforts to impose broad tariffs without congressional authorisation.

Following the ruling, the White House indicated its intention to appeal, asserting that the H‑1B program has long been subject to misuse and that executive action is necessary to rectify the situation.

The H‑1B visa program, established in its current form in 1990, issues 85,000 visas annually, with 20,000 reserved for candidates holding advanced degrees. Universities and non‑profit research organizations enjoy certain exemptions under the program.

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