Indian H1Bs must be jumping up and down at the news and planning their trips back. I'll check out Youtube, there must be eleventy videos on how US economy is now saved by this judge and hate has lost.

What is Trump going to do next? He will take it to the SCOTUS.

Trump's $100,000 H-1B visa fee is unlawful, US judge rules
https://www.reuters.com/world/trumps-100000-h-1b-visa-fee-is-unlawful-us-judge-rules-2026-06-08/

Quote:

---

BOSTON, June 8 (Reuters) - A federal judge on Monday declared a $100,000 fee that U.S. President Donald Trump imposed on new H-1B visas for highly skilled foreign workers is unlawful and must be invalidated.

U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas.

---

Chances this reaches SCOTUS are nil


So what's the basis for Trump to unilaterally impose this cost?


ETA: looks like the ol "penalty v tax" argument. Thanks John Robert's!

So... who sets the fees and at what point are they unlawful?
Does some department staffer get to set fees?
Did congress set the fees?
I remember having to pay close to $2k in total fees to get my wife's visa and green card.
Keep in mind these are government employees processing things so they already get paid by my tax dollars. So what were those fees?

How did this defend their ruling?

Judges are at it again. Home prices in Frisco to the moon

perhaps the trump administration's strategy of spamming questionably legal orders and praying the judiciary doesn't slap them down is not a durable or effective governance model

BTKAG97 said:

---

Which law does the fee break?

---

NEW: The judge cited two Supreme Court cases that supported blocking Trump's $100,000 H-1B fee: The 2012 Obamacare ruling labeling the individual mandate a tax; the 2026 tariff ruling saying the president can't levy taxes w/o clear approval from Congress.https://t.co/cjs52igVyf

— Kyle Cheney (@kyledcheney) June 8, 2026

Quote:

---

BOSTON, June 8 (Reuters) - A federal judge on Monday struck down a $100,000 fee that U.S. President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax that Congress never authorized.

---

Quote:

---

Judge rejects challenge to Trump's $100K H-1B visa fee

BY ASHLEIGH FIELDS - 12/24/25 7:47 AM ET

A federal judge on Tuesday ruled in favor of the Trump administration, upholding its $100,000 H-1B visa fee.

U.S. District Judge Beryl Howell rejected a challenge filed by the U.S. Chamber of Commerce and the Association of American Universities, which alleged the move was unlawful.

---

Both these judges are Obama appointees.

Something I find ironic with this visa thing is related to Tesla. Elon Musk is against mass immigration and typically supports Trump. He is also one of the largest employers in the US. I do a substantial amount of work with Tesla and practically everyone I deal with on manufacturing, engineering, and supply chain are from India. Even in the summers some of their interns are involved with us (these are not the fun internships, they work these people hardcore) and they have been Indian decent every year. It is extremely rare for me to interact with a white person at Tesla facilities (mainly California) unless they are in a commercial or customer facing role.

Quote:

---

NEW: The judge cited two Supreme Court cases that supported blocking Trump's $100,000 H-1B fee: The 2012 Obamacare ruling labeling the individual mandate a tax; the 2026 tariff ruling saying the president can't levy taxes w/o clear approval from Congress.

---

It's not a tax, it's a fee. But I guess that way of thinking only applies when democrats do it.

I am amazed how Dems do whatever the hell they want like flooding the country with 3rd worlders but Trump wanting to do something gets blocked right away.

rocky the dog said:

---

Quote:

---

NEW: The judge cited two Supreme Court cases that supported blocking Trump's $100,000 H-1B fee: The 2012 Obamacare ruling labeling the individual mandate a tax; the 2026 tariff ruling saying the president can't levy taxes w/o clear approval from Congress.

---

It's not a tax, it's a fee. But I guess that way of thinking only applies when democrats do it.

---

Exactly... and where were all these judges when Obama are was going strong?

Also the summary judgement for the whole obamacare penalty wasnt till 2018... 8 years after it was done?

The hypocrisy is ridiculous.

If the $100,000 is not allowed, then just make it $100,001.

So what are the levers that Trump has? Can he just stop approving H1Bs on some pretext or other like "not enough people to process them"?

If the answer is nothing, then prepare your backsides for more ghey dancing in front of American monuments.

These crooks are thrilled.

When is Trump going to veto these judges rulings?

Oh yeah... he can't. Checks and Balances only work in one direction.

Ignore that commie judge and add another $100,000 to the fee for these H1-B's just to spit in the judge's face.

Logos Stick said:

---

Cold McDonalds said:

---

perhaps the trump administration's strategy of spamming questionably legal orders and praying the judiciary doesn't slap them down is not a durable or effective governance model

---

I guess your former handle "Old McDonald" took the perma ban, huh?! LOL

The posts emanating from this new handle are just as weapons grade stupid.

---

nah it was just tied to a disposable email and 2fa locked me out, easier to just start fresh. you won't get rid of me that easily, cassius

Keep imposing it until the legislature does something about it.

BTKAG97 said:

---

Looks like the 100+ other fees imposed by the Executive Branch are now illegal as well since they should also be considered Taxes and taxes can only derive from the Legislature.

---

This was my thought. How does this not invalidate every single fee imposed by the government that was not enacted by Congress?

Cold McDonalds said:

---

Logos Stick said:

---

Cold McDonalds said:

---

perhaps the trump administration's strategy of spamming questionably legal orders and praying the judiciary doesn't slap them down is not a durable or effective governance model

---

I guess your former handle "Old McDonald" took the perma ban, huh?! LOL

The posts emanating from this new handle are just as weapons grade stupid.

---

nah it was just tied to a disposable email and 2fa locked me out, easier to just start fresh. you won't get rid of me that easily, cassius

---

Good. We welcome weak commentary from the left,

Now what if Trump says F U to the courts and put in ANOTHER H1B fee, this time $250k? That will be in force until they find a way to invalidate it and it will take months. And then another one, this time $500k.

Trump should start trolling the courts.

infinity ag said:

---

So what are the levers that Trump has? Can he just stop approving H1Bs on some pretext or other like "not enough people to process them"?

If the answer is nothing, then prepare your backsides for more ghey dancing in front of American monuments.

---

Well tech layoffs hit an all-time high last month, which got rid of a lot of H1Bs. They have only 60 days to find another job else they are out. A lot of companies are not even taking H1B transfers as well. So one silver lining about this economy is it's getting rid of some of the H1Bs.

Still trying to wrap my head around the rationale of this judgement. The Judge did not show how the FEE broke a law. Instead, the Judge illogically stated it violated two separate USSC decisions which have absolutely nothing to do with Visa Fees. The Obamacare decision wasn't about Fees. It declared a FINE was a TAX. It did not declare a FEE was a TAX. In addition, the judgement itself invalidates the legal mechanisms that determine/calculate Visa Fees.

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/fees-visa-services.html

The U.S. Department of State determines the costs for most visa applications processed at embassies and consulates abroad, while the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) set the fees for petitions and applications processed entirely within the United States.

The Judge should have ruled against the $100,000 fee based specifically on the laws that govern how much Visa Fees can be calculated.

United States visa fees are determined using an Activity-Based Costing (ABC) methodology. The Department of State conducts annual cost studies to calculate the exact direct and indirect costs required to provide consular servicessuch as staffing, facilities, and security checksand sets fees to achieve full cost recovery for the U.S. government.

Activity-Based Costing (ABC): The Department of State uses a Consular Cost Model (CoSM) to determine what it costs to process each specific type of visa, from initial application to final adjudication.

Full Cost Recovery Policy: By law, the revenue generated from visa fees must equal the cost of providing the services. The fees are not intended to be a source of profit, nor are they subsidized by taxpayer dollars.

Reciprocity: Beyond the standard processing or application fees, visa issuance fees are strictly governed by the principle of reciprocity. The U.S. charges the exact same issuance fee that a foreign government charges U.S. citizens for the same type of visa in their country.