On June 9th (Vietnam time), Federal Judge Leo Sorokin in Boston ruled that the $100,000 fee for the H-1B visa was illegal because President Donald Trump lacked the authority to issue it, and the U.S. State Department and the U.S. Citizenship and Immigration Services (USCIS) were also unable to enforce it.
Previously, 20 Democratic state attorneys general filed a lawsuit challenging the exorbitant fees announced by President Donald Trump in September 2025, arguing that the fees significantly increased the cost of applying for H-1B visas, a type of visa that technology companies particularly rely on for recruiting foreign workers.
California Attorney General Rob Bonta praised Judge Leo Sorokin's rejection of the illegal and costly fee, arguing that the regulation restricts America's ability to attract and retain highly skilled talent that strengthens the economy and meets essential workforce needs.

According to the Trump administration, the White House could impose a $100,000 fee under federal immigration law to restrict entry for foreign nationals who are not in the best interests of the United States.
In a statement, Trump pointed out that the H-1B program had been deliberately exploited to replace American workers with lower-paid, less skilled foreign workers.
The Trump administration also called for stricter background checks for H-1B visa applicants and proposed a new visa selection process that prioritizes more highly skilled and better-paid workers.
However, Judge Leo Sorokin declared that the fee was essentially a tax, citing a February ruling by the U.S. Supreme Court rejecting President Donald Trump's tariffs under a law intended for emergency use only. According to that ruling, the U.S. leader also lacked the authority under immigration law to impose the new fee.
In a related development, White House spokesman Taylor Rogers stated that the Trump administration believes Judge Leo Sorokin's ruling will be overturned following the appeals process.
"President Donald Trump has clear legal authority to restrict entry to foreign nationals deemed incompatible with the interests of the United States," Taylor Rogers asserted.
The H-1B program grants 65,000 visas annually, along with another 20,000 for highly skilled workers, approved for terms of 3 to 6 years. Before President Donald Trump imposed the new fees, employers seeking visas for workers typically had to pay between $2,000 and $5,000, depending on the specific case.
In fact, very few employers have paid the fees imposed by Mr. Trump. As of February 15th, USCIS had only received 85 payments of $100,000.
(According to Reuters)
Source: https://hanoimoi.vn/toa-an-my-bac-le-phi-dat-do-doi-voi-thi-thuc-h-1b-1159697.html






