US District Judge Leo Sorokin in Boston found that the fee functioned as a tax that the administration did not have authority to impose without congressional approval. The ruling came in a lawsuit brought by 20 Democratic state attorneys general challenging the fee.
Standard employer costs for H-1B petitions typically range from about $2,000 to $5,000, making the proposed $100,000 payment a sharp increase for companies seeking foreign talent.
The ruling is unlikely to end uncertainty for employers, with the Trump administration expected to appeal. But it could allow companies that had paused international hiring plans to resume normal recruitment for the upcoming H-1B cycle, said Pareekh Jain, CEO of Pareekh Consulting. Still, he said, employers should remain cautious because the legal and policy concerns are likely to continue.
“This provides breathing room for CIOs, even though it’s temporary,” said Neil Shah, vice president for research and partner at Counterpoint Research. “They should make the necessary contingency plans, whether that means doing more with less by leveraging AI or relying more on local talent.”