Court Invalidates Trump's $100,000 Fee for Skilled Foreign Worker Visas
Washington, Monday, 8 June 2026.
A federal judge overturned President Trump’s $100,000 skilled worker visa fee, ruling it an unconstitutional tax. This decision removes a massive financial barrier for companies hiring global talent.
The Judicial Verdict on Executive Overreach
On Monday, June 8, 2026, U.S. District Judge Leo Sorokin—an appointee of former Democratic President Barack Obama—issued a 42-page ruling in Boston that invalidated the $100,000 fee on H-1B visa applications [1][2]. Judge Sorokin concluded that the steep charge was not a regulatory penalty but an unconstitutional tax, noting that the U.S. Constitution’s separation of powers ensures that the legislative branch holds the power of the purse [GPT], granting the exclusive power to levy taxes to Congress, not the executive branch [1][2]. In his decision, the judge stated, “Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called” [2]. This ruling followed a May 29 hearing where the judge scrutinized whether the President could utilize immigration powers to deter foreign workers [3]. The decision leaned heavily on the 2026 Supreme Court precedent Learning Resources v Trump, which previously dismantled a major component of the administration’s tariff strategy [1].