$100,000 H-1B payment was judicially treated as an unauthorized tax
The proclamation shifted a six-figure charge to employers petitioning for covered workers. A federal judge held that the payment functioned as a tax Congress had not authorized; stay and appeal proceedings followed.
Entities and roles
- Restriction on Entry of Certain Nonimmigrant Workersexecutive action under legal and impact review
- Donald J. Trumppresident who issued the action
Relationships in this file
- Donald J. Trumprestricted H-1B entry throughRestriction on Entry of Certain Nonimmigrant Workers
Money trail
feeRequired payment per covered H-1B petition$100,000 per covered petition USD per petition - Ordered fee payer / source
- Employers filing covered new H-1B petitions
- Ordered fee recipient
- United States government
- Financially affected
- Prospective covered H-1B workers whose hiring and entry depended on a new petition
Claims and evidence
- factruled-unlawful
On June 8, 2026, Judge Leo Sorokin held that the $100,000 H-1B payment was a tax that Congress had not authorized the president to impose and vacated implementing policy; subsequent stay and appellate proceedings affect enforceability but do not erase the district court's stated holding.
- CBS News: Judge voids Trump's $100,000 fee for new H-1B visasJune 8, 2026 ruling, taxing-power holding, and vacatur
- Just Security: Litigation Tracker: Legal Challenges to Trump Administration ActionsH-1B $100,000 payment cases and post-judgment disposition chronology
- factdocumented
On 2025-09-19, Donald Trump restricted entry of certain H-1B workers unless the accompanying petition included or was supplemented by a $100,000 payment, subject to stated exceptions.
Corrects claim:batch-200:h1b-entry-fee-restriction-2025- The White House: Restriction on Entry of Certain Nonimmigrant WorkersOperative text of the cited action