On June 8, 2026, a federal judge in Boston struck down the Trump administration’s $100,000 application fee for H-1B visas. Here’s what that means for skilled workers and employers.
What Happened with the H-1B Visa?
The federal courts in Boston found the Trump administration’s H-1B visa filing fee unlawful. But, as with many things in immigration law, the full picture is more complex than a headline can capture. For skilled workers and the employers who sponsor them, this news has a significant impact.
U.S. District Judge Leo Sorokin issued a groundbreaking ruling in response to a lawsuit brought by 20 Democratic state attorneys general. In it, the states argued that Trump’s 2025 executive order was an illegitimate regulatory payment. Put simply, Sorokin argued, it was an unauthorized tax.
Judge Sorokin stated clearly in his ruling that the President has “no authority to levy a tax unless such a power is delegated by Congress through statute.” The existing H-1B visa policy requiring a $100,000 filing fee was found to violate the Administrative Procedure Act by exceeding the executive branch’s authority.
Where Does It Stand Now?
Before the executive order in 2025, employers typically paid between $2,000 and $5,000 to sponsor an H-1B worker. The steep and unexpected jump to $100,000 per application meant many employers stopped hiring, withdrew job offers, or quit pursuing H-1B sponsorship altogether.
Sorokin’s ruling vacated that fee in its entirety. And for the workers caught in the middle, this ruling matters far beyond a dollar amount.
What This Means for Foreign-Born Workers in the U.S.
Congress created the H-1B visa program in 1990, allowing up to 65,000 highly skilled foreign-born workers to live and work in the U.S. An additional 20,000 spots are reserved for applicants with advanced degrees from American institutions. These are the doctors, engineers, and researchers who’ve built their professional lives around a legal pathway that has existed for decades.
Letitia James, New York Attorney General, is one of the many attorneys general who brought the case before the federal court. Her primary concern was that many communities depended on the H-1 B program functioning as it was designed, free of illegal attempts to dismantle critical infrastructure.
But when the H-1B application fee skyrocketed to six figures, many other states reported that it also decreased their ability to hire teachers, manage research programs, and maintain an adequate healthcare workforce. Sorokin’s ruling does not mean the fight is over, though.
What the H1-B Visa Ruling Does Not Cover
Despite Sorokin’s ruling and rebuttals from multiple attorneys general, the Trump administration has indicated that it plans to appeal. Multiple lawsuits are currently open in several states. Eventually, we could see conflicting rulings across federal appellate circuits. And if so, that could push the case to the Supreme Court.
The Law Firm of Anna Korneeva understands how this could complicate your H-1B visa application or immigrant status in the United States. We believe you deserve to make decisions based on the full picture. Contact us today for a consultation to discuss your case and develop a strategy.
What This Could Mean for Your Immigration Case
Judge Sorokin’s ruling could open a path forward for H-1B visa holders or applicants whose employers have paused sponsorship because of Trump’s executive order. However, options depend on the employer’s position, your status, and the timing of your request. Talk to an immigration lawyer for more information.
Your situation requires careful, meticulous attention under shifting guidelines. If you are currently in the U.S. on a different visa status while waiting for an H-1B or if you had an offer withdrawn, understanding your situation matters now more than ever.
Next Steps
The law governing the H-1B visa and its filing fees is still evolving and will likely change again as the case moves through federal appellate circuits. What you do now and the decisions you make today could have long-term consequences for your right to remain in the United States legally.
The most important step you can take is to contact an experienced immigration lawyer in Cincinnati today. Immigration law in this country is changing quickly, and while it can be frustrating, it also means you need dedicated legal counsel on your side.
Stay informed and stay safe. Contact the Law Firm of Anna Korneeva now.
