Court Strikes Trump's Illegal $100,000 Fee for New H-1B Visas - The Washington Standard

On June 8, 2026, U.S. District Judge Leo T. Sorokin granted summary judgment to 20 plaintiff states, led by California, in California v. Mullin et al., striking down Trump's $100,000 H-1B fee proclamation. The court found the proclamation and related agency actions violated the separation of powers and the Administrative Procedure Act, noting Congress already regulates the H-1B program under the INA. Trump's September 19, 2025 Proclamation 10973 imposed a new $100,000 supplemental payment on employers filing H-1B petitions to curb abuses. The ruling blocks the fee and related policies, marking a major judicial check on executive action and signaling potential appeals that could affect universities, nonprofits and cap-exempt employers.