The essentials
Federal court strikes down Trump's $100,000 H-1B fee as unconstitutional violation of Administrative Procedure Act.
A federal judge in Boston has invalidated Trump's $100,000 H-1B visa fee, ruling it violated the Administrative Procedure Act. The decision represents a significant setback for the policy announced in September 2025, which would have applied a substantial fee to skilled foreign worker visas.
Twenty states filed a lawsuit in December 2025 challenging the fee's legality. Before the ruling, the U.S. Citizenship and Immigration Services (USCIS) had already collected $8.5 million in fees as of February 15. The H-1B program grants approximately 85,000 visas annually for skilled international workers. Notably, a different federal judge had previously upheld the fee in late 2025, creating conflicting rulings in the courts.
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Administrative Procedure Act violation undermines unilateral executive authority
The judge's decision centers on procedural requirements, finding the fee lacked proper Administrative Procedure Act compliance. This ruling emphasizes that executive actions, regardless of policy intent, must follow established legal procedures. The case demonstrates how courts apply formal regulatory standards to executive initiatives, even when multiple judges may assess the same facts differently.
Fee invalidation refunds collected revenue and halts future collections
The ruling affects $8.5 million already collected and prevents future fee collection under this structure. With 85,000 H-1B visas granted annually, the fee's elimination removes a significant revenue mechanism. The decision leaves the H-1B program's regulatory future uncertain, as legal challenges continue in different jurisdictions with varying outcomes.