A federal judge in Boston has nullified the Trump administration’s $100,000 fee increase on new H-1B visas. This decision counters a previous federal ruling that upheld the fee hike. The administration had claimed the increased fee was intended to prevent foreign workers from taking jobs from Americans.
U.S. District Court Judge Leo Sorokin sided with 20 states, ruling that the administration exceeded its authority and violated the Administrative Procedure Act. This act governs how federal agencies create and enforce regulations. “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” wrote Sorokin.
H-1B visas are designed for high-skilled roles where American workers are scarce. Major technology firms, primarily hiring workers from India, heavily rely on these visas. The states involved argued that the higher fee made it even harder to fill critical positions in fields like healthcare and education.
Most H-1B applications already cost a few thousand dollars. The fee increase sparked anxiety among employers, students, and workers both in the U.S. and abroad, leading to multiple lawsuits. The U.S. Chamber of Commerce filed a lawsuit in Washington, D.C., challenging the fee but lost a summary judgment. That ruling kept the higher fee active until September 2026, its scheduled expiration. Monday’s ruling, however, was a summary judgment ruling to the contrary.
Religious groups and labor organizations also sued in San Francisco, raising the prospect of conflicting rulings in different appellate courts. In the Boston case, the states asserted the policy hindered their abilities to hire educators and staff public colleges, disrupt academic research, and reduce the number of medical workers.
Massachusetts Attorney General Andrea Joy Campbell hailed the ruling as crucial for maintaining the H-1B program’s effectiveness. “Today’s victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research,” Campbell stated. “In Massachusetts, this win will ensure we can fill critical vacancies and hire world-class faculty and researchers at colleges and universities across the Commonwealth.”
Bobby Mukkamala, president of the American Medical Association, also praised the decision, calling it “a victory for patients.” He emphasized the importance of international medical graduates in underserved areas. “At a time when communities face physician shortages and growing barriers to care, we should be removing obstacles to attract talented physicians and other highly skilled professionals,” Mukkamala said.
The Department of Homeland Security expressed disagreement with the ruling, describing it as “blatant judicial activism.” The department maintained that its immigration efforts under Trump aimed to benefit American citizens. White House spokesperson Taylor Rogers expressed confidence that the order would be reversed on appeal.