Archive · 25 Aug 2026
Trump's H-1B Fee Struck Down After Court Rejects Presidential Authority
Donald Trump’s administration created a large fee for some H-1B visa applications.
The fee applied to applications filed on or after September 21, 2025.
The administration said the president had emergency powers to impose it.
Critics argued that the fee was really a tax and that only Congress can create taxes.
A federal court agreed with that argument and rejected the fee.
The court made its decision on June 8.
Only 85 people or organizations paid the fee before it was stopped.
The government asked to keep the fee in place while appealing, but the court denied that request.
Donald Trump issued a proclamation imposing a $100,000 H-1B visa fee on applications filed from September 21, 2025.
The administration cited presidential powers used to restrict entry during national emergencies.
Immigrant advocates argued that the fee was effectively a tax, which only Congress can impose.
The U.S. District Court for the District of Massachusetts struck down the fee on June 8 in California et al. v. Mullin.
Only 85 payments were made before the fee was blocked, and the government’s request to pause the ruling during appeal was denied.
- Who
- The Trump administration, immigrant advocates, and the U.S. District Court for the District of Massachusetts.
- What
- A federal court struck down a $100,000 fee imposed on certain H-1B visa applications.
- When
- The proclamation was issued on September 19 last year, applied to filings from September 21, 2025, and was struck down on June 8 this year.
- Where
- The dispute was decided in the U.S. District Court for the District of Massachusetts.
- Why
- The court found that the administration lacked authority to impose what functioned as a tax or fee through a presidential proclamation.
Challengers and Immigrant Advocates
Trump Administration
Legal authority
Challengers and Immigrant Advocates
The fee was effectively a tax or fee, and the Constitution gives Congress—not the president—the power to impose one.
Trump Administration
The administration relied on presidential powers used to restrict the entry of certain non-citizens during national emergencies.
Effect on H-1B filings
Challengers and Immigrant Advocates
The small number of payments was presented as evidence that the fee had a chilling effect on H-1B filings.
Trump Administration
The administration sought to keep the fee in place while appealing the court’s decision.
- Fee described in article body
- $100,000 for H-1B visa applications filed on or after September 21, 2025.
- Fee described in headline
- The headline refers to a $103,000 fee, while the article body describes a $100,000 fee.
- Proclamation date
- September 19 last year.
- Court decision
- The U.S. District Court for the District of Massachusetts struck down the fee on June 8 this year.
- Case
- California et al. v. Mullin.
- Payments made
- Only 85 payments were made before the proclamation was blocked.
- Appeal request
- The government’s request to stay the ruling pending appeal was denied.