Tech companies slash H-1B applications following visa fee surge
Tech firms cut H-1B applications following fee increase, despite subsequent court invalidation.
Event / Politics
Trump H-1B Visa Fee Court Challenge
U.S. District Judge Leo Sorokin ruled on June 8, 2026 that President Trump's $100,000 fee for H-1B visas is unconstitutional, violating Congressional taxing authority and the Administrative Procedure Act. The decision came in a lawsuit filed by 20 states led by California challenging the fee announced in September 2025. USCIS had collected $8.5 million from 85 fee payments under the policy as of mid-February 2026.
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2026-08-16 to 2026-11-13 · UTC publication dates
Coverage begins 9 Jun, 00:37 UTC
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What happened
Trump administration modified H-1B visa selection process
The Trump administration changed the H-1B visa selection process to give high-paid applicants multiple lottery entries, increasing their chances of selection compared to applicants seeking lower-paid positions.
Federal judge rules Trump's $100,000 H-1B visa fee unconstitutional
U.S. District Judge Leo Sorokin in Boston ruled that President Donald Trump's $100,000 fee for H-1B visa applicants violates the Administrative Procedure Act and constitutes an unlawful tax requiring congressional approval. The fee, implemented via executive order in September, exceeds the President's discretionary authority under immigration law. Sorokin concluded the fee is a tax regardless of its designation, and the President lacks authorization from Congress to impose it.
Trump administration imposed $100,000 fee on H-1B visa petitions
President Donald Trump implemented a $100,000 fee for H-1B visa applicants through an executive order signed in September. This represented a dramatic increase from the previous fee of approximately $2,000 to $5,000. The administration argued the fee was a monetary penalty to restrict entry of certain foreign nationals, claiming companies use H-1B visas to replace American workers.
H-1B visa applications from major tech companies declined after fee increase
Following Trump's implementation of the $100,000 fee, H-1B visa applications from major technology companies such as Google and Microsoft decreased significantly at the end of the year. By February 15, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 fee. Major AI companies including OpenAI and Nvidia filed more applications despite the fee increase.
Democratic states challenged Trump's H-1B visa fee in federal court
Twenty Democratic state attorneys general filed a lawsuit challenging Trump's $100,000 H-1B visa fee, arguing it would contribute to shortages of teachers, medical professionals, and academic researchers.
Amazon received most H-1B visa approvals among tech companies from 2024-2025
From 2024 through mid-2025, Amazon received 19,301 H-1B visa approvals, more than any other major tech company. Microsoft received 9,914 approvals and Apple received 8,075 during the same period.
Judge rules Trump's H-1B fee violated Administrative Procedure Act
Judge Leo Sorokin found that the H-1B visa fee policy violated the Administrative Procedure Act because the Trump administration failed to allow public notice-and-comment before implementing the fee, and did not adequately explain its reasoning or consider alternatives.
H-1B program receives 85,000 visas annually for skilled foreign workers
The H-1B visa program provides 65,000 visas annually, with an additional 20,000 reserved for workers with advanced degrees. Visas are typically valid for three to six years.
20 states filed lawsuit challenging H-1B visa fee in December 2025
California and 19 other states filed a lawsuit against the Trump administration in December 2025 challenging the $100,000 H-1B visa fee. The states argued the fee endangered communities' ability to find qualified teachers, healthcare professionals and other needed services.
Federal judge strikes down Trump's $100,000 H-1B visa fee as unconstitutional tax
U.S. District Judge Leo Sorokin ruled on June 8 that President Trump's $100,000 fee for H-1B visas is unconstitutional because it constitutes a tax that only Congress has the power to authorize or delegate. The judge found the fee violates the Constitution and ordered officials to vacate the policy in its entirety.
Previous federal judge upheld Trump's H-1B fee in late 2025
A different federal judge upheld Trump's H-1B visa fee in late 2025, finding that the president had the authority to increase the fee from $2,000-$5,000 to $100,000. An appeal in that case is pending.
USCIS received $8.5 million from H-1B visa fee payments as of February 15
As of February 15, U.S. Citizenship and Immigration Services received 85 payments of the $100,000 requirement under the new H-1B fee policy, resulting in $8.5 million in total payments.
Trump announced $100,000 H-1B visa fee in September 2025
President Trump announced in September 2025 a new policy to raise the H-1B visa fee from between $2,000 to $5,000 to $100,000. Trump argued the H-1B visa process was fueling large-scale replacement of American workers and had undermined economic and national security.
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2 alternative perspectives
Judge rules Trump H-1B fee violated administrative procedure law
Federal judge strikes down Trump's H-1B visa fee as procedurally unlawful.
Federal court invalidates Trump's $100,000 H-1B visa fee
Federal court strikes down Trump's $100,000 H-1B fee as unconstitutional violation of Administrative Procedure Act.