The essentials
Federal judge strikes down Trump's H-1B visa fee as procedurally unlawful.
A federal judge in Boston has invalidated Trump's $100,000 H-1B visa fee, determining it violated the Administrative Procedure Act. The Trump administration imposed the fee on H-1B visa petitions and modified the H-1B visa selection process as part of broader immigration policy changes announced in September 2025.
Twenty Democratic states challenged the fee in federal court in December 2025, arguing the administration failed to follow proper rulemaking procedures. The judge sided with the challengers, finding insufficient justification for the policy's implementation. This decision conflicts with an earlier ruling by a different federal judge who upheld the fee in late 2025, creating legal uncertainty for the program's future.
Before the invalidation, USCIS had already collected $8.5 million in fees. The H-1B program annually grants approximately 85,000 visas for skilled international workers.
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Court finds administration failed proper rulemaking requirements
The Boston judge's decision focused on procedural grounds, determining the Trump administration did not follow Administrative Procedure Act requirements when implementing the $100,000 fee. The ruling emphasizes how executive actions must comply with statutory rulemaking processes, regardless of policy merits. This legal standard applies consistently across administrative decisions.
Ruling creates uncertainty for H-1B program administration
The conflicting federal court rulings—one invalidating, one upholding the fee—leave the program's status ambiguous. USCIS had collected $8.5 million before the invalidation, raising questions about fee handling and program modifications. The H-1B program's selection process and visa allocation remain contested terrain in ongoing litigation.