A Boston federal judge vacated Trump's $100,000 H-1B visa fee as an unconstitutional tax, creating a circuit split with a D.C. court that upheld the same policy.
A federal district judge in Boston granted summary judgment to a coalition of 20 states on June 8, vacating a Trump administration proclamation that imposed a $100,000 supplemental fee on employers sponsoring new H-1B visa petitions [1]. U.S. District Judge Leo Sorokin held that the fee constituted an unconstitutional tax, exceeded presidential authority, violated the Administrative Procedure Act, and encroached on Congress's exclusive power over immigration and taxation [2]. The ruling applies universally, not solely to the plaintiff states [1].
The case, brought by a coalition that includes Massachusetts Attorney General Andrea Joy Campbell and New York Attorney General Letitia James, challenged a September 2025 Presidential Proclamation issued by the Trump administration [3]. The states filed in the U.S. District Court for the District of Massachusetts, arguing the proclamation bypassed statutory authority and imposed a revenue-raising measure without congressional authorization [2]. Judge Sorokin agreed, granting summary judgment and vacating the fee in full [1].
The ruling creates a direct conflict with a separate decision issued in December 2025 by a D.C. district court, which upheld the same fee in litigation brought by the U.S. Chamber of Commerce [3]. That Chamber challenge remains on appeal, meaning the two circuits are now positioned to reach conflicting conclusions on the same underlying policy [3]. The split raises the likelihood of Supreme Court review if both appellate courts reach divergent outcomes. For employers who paid the $100,000 fee since the proclamation took effect, the universal scope of Judge Sorokin's order opens a potential path to refund claims, though the administration's anticipated appeal may stay that relief pending further review [2].
The Trump administration confirmed it intends to appeal the ruling [1]. Until an appellate court issues a stay or reverses Judge Sorokin's order, the fee remains vacated. The First Circuit will now become the primary battleground for the administration's defense of a policy that substantially increased the cost of sponsoring skilled foreign workers, with implications reaching across the technology, healthcare, and professional-services sectors that rely heavily on H-1B sponsorship [2].