Story perspectives

Judge Vacates $100K H-1B Fee, Cites Constitutional Violation

6/13/2026

Summary

Sorokin Vacates Fee

District Judge Leo T. Sorokin vacated the U.S. President Donald Trump administration’s $100,000 H-1B fee on June 8, 2026.
He stayed order on June 12, 2026 while the administration seeks an emergency stay from the First Circuit.
Sorokin said the fee violated the Constitution because only Congress can impose taxes.
The Justice Department filed a notice of appeal on June 11, 2026 in the case brought by 20 states, with two lawsuits pending in California and the D.C. Circuit.

Summary

Walmart Pauses H-1B

Walmart will pause participation in the H-1B program after President Donald Trump's $100,000 fee proclamation.
Indian diaspora groups welcomed the ruling, saying it removes a major obstacle for thousands of Indian professionals.
Senator Lisa Murkowski warned that rural schools rely on H-1B teachers, noting the fee would have widened gaps.
Congressman Mike Lawler said the fee would have worsened healthcare staffing while immigration experts warned of possible stricter documentation.

Summary

Ellison Wins H-1B

A federal court on June 8, 2026 ruled the $100,000 H-1B fee unlawful because it conflicts with congressional statutes.
Minnesota Attorney General Keith Ellison, who joined the multistate lawsuit in December 2025, said the decision validates state-level immigration advocacy.
Ellison argued H-1B visas are essential for filling shortages in health care, education, and research.
He said the ruling will help local employers hire skilled foreign talent faster.

History

Historical Context

The 1990 Immigration Act, signed by President George H.W. Bush on November 29, 1990, created the modern H-1B program and set a 65,000-per-year visa cap. In 2026, a federal court struck down the Trump administration’s H-1B surcharge—brought by Minnesota and Walmart—relying on the 1990 law’s provisions to safeguard the skilled-worker pipeline, and its emphasis on employment-based immigration.

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Sorokin Vacates Fee

District Judge Leo T. Sorokin vacated the U.S. President Donald Trump administration’s $100,000 H-1B fee on June 8, 2026.
He stayed order on June 12, 2026 while the administration seeks an emergency stay from the First Circuit.
Sorokin said the fee violated the Constitution because only Congress can impose taxes.
The Justice Department filed a notice of appeal on June 11, 2026 in the case brought by 20 states, with two lawsuits pending in California and the D.C. Circuit.

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