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Judge Declares $100K H-1B Fee Unlawful, White House to Appeal

6/9/2026

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Summary

Story summary

U.S. District Judge Leo Sorokin ruled $100,000 H-1B fee unlawful, calling it a tax because Congress never gave president authority to impose it.
Only 85 payments had been recorded by February 15, indicating fewer than one hundred employers paid the fee before the decision.
The White House announced it will appeal, asserting President Donald Trump has legal authority to restrict entry of alien workers deemed not in America’s best interests.

History

Historical Context

Senator Ted Kennedy introduced the Immigration Act of 1990, which President George H. W. Bush signed on November 29, 1990, establishing the modern H-1B program with an annual cap of 65,000 visas. Decades later, Judge Leo Sorokin’s 2020 decision that the $100,000 H-1B fee functions as a tax reflects the act’s original intent to limit fees and safeguard visa integrity.

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Story summary

U.S. District Judge Leo Sorokin ruled $100,000 H-1B fee unlawful, calling it a tax because Congress never gave president authority to impose it.
Only 85 payments had been recorded by February 15, indicating fewer than one hundred employers paid the fee before the decision.
The White House announced it will appeal, asserting President Donald Trump has legal authority to restrict entry of alien workers deemed not in America’s best interests.

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