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Federal Judge Strikes Down Trump's $100,000 H-1B Visa Fee as Unlawful Tax

June 8, 2026

U.S. District Judge Leo Sorokin in Boston struck down Trump's $100,000 H-1B visa fee on June 8, 2026, ruling it an unlawful tax that only Congress has the power to impose. The fee — announced in September 2025 and raising costs from roughly $2,000–$5,000 to $100,000 per application — was challenged by 20 Democratic state attorneys general. The ruling drew bipartisan praise from lawmakers citing impacts on healthcare and education staffing; the White House vowed to appeal.

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I have been working to exempt healthcare workers from this fee that only exacerbates the current staffing shortages in healthcare. That's why I introduced the bipartisan H-1Bs for Physicians and the Healthcare Workforce Act. While we continue to push this legislation through Congress, this ruling is welcome news.

Today's victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research. In Massachusetts, this win will ensure we can fill critical vacancies and hire world-class faculty and researchers at colleges and universities across the Commonwealth.