Background of the Case

In a significant ruling, U.S. District Judge Leo Sorokin of Massachusetts has dealt another blow to the Trump administration by nullifying the controversial $100,000 payment requirement for employers applying for H-1B visas. This decision follows Judge Sorokin’s previous ruling, which blocked President Donald Trump’s executive order regarding birthright citizenship.

Legal Rationale Behind the Ruling

On Monday, Sorokin concluded that the Trump administration did not possess the authority to impose the hefty fee on employers seeking new H-1B visas. The court found that this requirement constituted a tax, which is a power that resides solely with Congress under the Constitution.

In his 42-page decision, Sorokin sided with a coalition of 20 states challenging Trump’s proclamation issued in September 2025. This proclamation created the new financial burden on employers filing petitions for foreign workers through the H-1B visa program, which permits U.S. employers to hire skilled foreign labor. Each year, approximately 65,000 foreign workers are granted H-1B visas.

Comparison of Previous Fee Structures

Prior to Trump’s proclamation, the standard fees that employers had to pay for filing H-1B visa petitions ranged between $2,000 and $5,000. These amounts were contingent on the type of application and the employer’s company size. The Trump administration defended the high payment as a necessary measure to prevent misuse of the H-1B visa system and to safeguard American jobs.

Court’s Interpretation of the H-1B Visa Program

In his ruling, Sorokin criticized the executive branch’s interpretation of the Immigration and Nationality Act, emphasizing that while the President has considerable discretion concerning the entry of noncitizens, this discretion is not unlimited. Sorokin wrote, “While the Executive has broad discretion over the admission and exclusion of aliens, … that discretion is not boundless.” He determined that the payment imposed by the administration functionally acted as a tax rather than a legitimate immigration restriction.

Moreover, Sorokin pointed out, “Taxes are not ‘restrictions,’” thereby rejecting the administration’s attempts to classify the payment as a regulatory fee. He also noted the failure of federal agencies to adhere to the Administrative Procedure Act, which mandates rulemaking involving public notice and comment.

Judge Sorokin’s Background

Judge Leo Sorokin, nominated by former President Barack Obama in 2013 and confirmed by the Senate in 2014, has a history of issuing decisions that challenge executive actions. His previous ruling declaring Trump’s initiative on birthright citizenship likely unconstitutional under the 14th Amendment showcases his engagement in contentious immigration issues, which have now escalated to the Supreme Court level.

Future Legal Implications

The Trump administration is anticipated to appeal Sorokin’s ruling, potentially igniting another legal confrontation over the extent of presidential authority concerning immigration matters. A spokesperson for the White House defended the executive order, asserting, “President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests.” The spokesperson also emphasized ongoing abuses of the H-1B program and expressed confidence in reversing the judge’s order on appeal.

Contrasting Judicial Decisions

In a separate case from December 2025, U.S. District Judge Beryl Howell in Washington dismissed claims made by the U.S. Chamber of Commerce against the additional H-1B fee requirement. This ruling diverges from Sorokin’s decision, indicating potential inconsistencies in judicial interpretations surrounding the H-1B visa program.