Story perspectives

Judge Blocks $100K H-1B Visa Fee as Unlawful Tax

6/9/2026

Summary

Judge Blocks Fee

A U.S. federal judge struck down the $100,000 H-1B visa fee as an unlawful tax.
The court said the fee exceeded statutory authority and burdened employers.
Employers, especially small and mid-sized firms, will no longer face the surcharge.
Business groups, tech firms, immigration attorneys and legal analysts welcomed the ruling, saying it reinforces that only Congress can impose taxes.

Summary

AGs Sue H-1B

California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Campbell led 20 Democratic states in suing over the $100,000 H-1B fee.
The administration proposed a higher H-1B minimum wage and a lottery favoring the highest-paid applicants.
Amazon, Tata Consultancy Services, Microsoft, Meta and Apple hold the most H-1B visas, with appeals examining whether presidential immigration authority can levy tax-like fees without clear congressional grant.

History

Historical Context

President George H.W. Bush signed the Immigration Act of 1990 on Nov 29, 1990—originally introduced by Sen. Ted Kennedy in 1989—creating the H-1B program with a 65,000-visa cap and a $500 employer fee. Today, Attorneys General Rob Bonta, Andrea Campbell, and 20 states sue over the Biden administration’s fee rules, echoing the Act’s early congressional-executive clash.

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Judge Blocks Fee

A U.S. federal judge struck down the $100,000 H-1B visa fee as an unlawful tax.
The court said the fee exceeded statutory authority and burdened employers.
Employers, especially small and mid-sized firms, will no longer face the surcharge.
Business groups, tech firms, immigration attorneys and legal analysts welcomed the ruling, saying it reinforces that only Congress can impose taxes.

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