US Court Strikes Down Trump’s $100,000 H-1B Visa Fee

by Emily Johnson - News Editor
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US Court Halts Trump's H-1B Fee as Legal Challenge Succeeds
US Court Strikes Down Trump’s H-1B Visa Fee, While TMC Faces Internal Turmoil

In a landmark decision, a U.S. federal judge struck down President Donald Trump’s $100,000 fee for H-1B visa applications, citing constitutional overreach. Meanwhile, India’s Trinamool Congress (TMC) grapples with factional splits as 20 MPs defect to form a new bloc aligned with the National Democratic Alliance (NDA). The rulings highlight contrasting legal and political dynamics across the Atlantic.

US Court Halts Trump’s H-1B Fee as Legal Challenge Succeeds

A federal judge in the United States ruled on June 8, 2026, that President Donald Trump’s $100,000 fee for H-1B visa applications was unconstitutional, effectively nullifying the policy. The decision, handed down by Judge Leo Sorokin, was a victory for 20 states that had sued the Trump administration over the fee, which they argued exceeded executive authority.

US Court Halts Trump's H-1B Fee as Legal Challenge Succeeds
Photo: tv9hindi.com

“There is no valid legal authority for the Trump administration to impose this tax on H-1B applications,” Sorokin wrote in his 42-page ruling. The judge emphasized that the policy violated the Administrative Procedure Act by bypassing Congressional oversight.

The lawsuit, filed in January 2025 by attorneys general from California, New York, Illinois, and 16 other states, argued that the fee was an unconstitutional “tax” imposed without legislative approval. The Trump administration had introduced the fee in 2018 as part of a broader effort to prioritize U.S. workers over foreign labor, a policy that faced immediate legal challenges.

Federal Court Strikes Down Trump’s $100,000 H-1B Fee

According to court filings, the fee was intended to fund a “high-skilled worker initiative,” but the states contended it functioned as a covert tax. Sorokin’s ruling cited a 1935 Supreme Court case, *Seminole Tribe v. Florida*, which held that states cannot be subjected to taxes without consent. “The H-1B fee is not a regulatory charge but a financial burden on employers, effectively a tax,” the judge wrote.

The decision has immediate implications for tech companies reliant on H-1B visas. A statement from the Information Technology Industry Council (ITIC) praised the ruling, noting that the fee had “disproportionately impacted small firms and startups.” However, the National Foundation for American Policy (NFAP), which advocates for stricter immigration controls, criticized the decision, calling it “a setback for American workers.”

The Trump administration has not yet announced whether it will appeal the ruling. Legal experts suggest the case could reach the Supreme Court, where it would face a 6-3 conservative majority. Meanwhile, the Biden administration has not yet commented on the decision, though a spokesperson for the Department of Homeland Security

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