/Tech8h ago

Federal judge vacates Trump administration's $100,000 H-1B visa fee, ruling it an unauthorized tax

AI Judge changed title after evaluation, original title: "US judge vacates Trump's $100,000 H-1B visa fee, clearing the way for offshore outsourcing firms to resume heavy participation"

The ruling removes a major financial barrier for tech hiring

7799.4K2.7K384812.1K

#105

Original post

Alec Stapp#377

Jeremy Neufeld@JeremyLNeufeld

The $100k H-1B entry fee was just declared unlawful and vacated by a federal judge.

This has huge implications for the effects of the new Weighted Lottery.

While the fee was in place, it only applied to people outside the country, which meant student retention was up since it didn’t apply to them.

Without the $100k fee, the outsourcers will come flooding back into the H1B program, helped by the new Weighted Lottery.

That’s because the weighted lottery rewards seniority within an occupation (which the outsourcers do well at) but not higher salaries.

DHS needs to move to a compensation-based system before next year’s lottery to stop this from happening.

11:30 AM · Jun 8, 2026 · 58.6K Views

/Tech8h ago

Federal judge vacates Trump administration's $100,000 H-1B visa fee, ruling it an unauthorized tax

AI Judge changed title after evaluation, original title: "US judge vacates Trump's $100,000 H-1B visa fee, clearing the way for offshore outsourcing firms to resume heavy participation"

The ruling removes a major financial barrier for tech hiring

7799.4K2.7K384812.1K

#105

Original post

Alec Stapp#377

Jeremy Neufeld@JeremyLNeufeld

The $100k H-1B entry fee was just declared unlawful and vacated by a federal judge.

This has huge implications for the effects of the new Weighted Lottery.

While the fee was in place, it only applied to people outside the country, which meant student retention was up since it didn’t apply to them.

Without the $100k fee, the outsourcers will come flooding back into the H1B program, helped by the new Weighted Lottery.

That’s because the weighted lottery rewards seniority within an occupation (which the outsourcers do well at) but not higher salaries.

DHS needs to move to a compensation-based system before next year’s lottery to stop this from happening.

11:30 AM · Jun 8, 2026 · 58.6K Views

Sentiment

Many users objected to the ruling vacating the $100,000 H-1B visa fee as enabling cheap foreign labor over American workers, while a few welcomed it as a win against the Trump administration.

Pos

8.2%

Neg

91.8%

143 comments with sentiment.

Cluster Engagement

Posts from X

Most Activity

VIEWS38.4KBOOKMARKS59LIKES1.1KRETWEETS139REPLIES122

Richard Hanania@RichardHanania

Judge tosses out Trump's $100,000 fee for H1B visas.

The court rules that it's a tax, and taxing is something that only Congress can do.

The president can't simply tax Indians because people in his administration hate them.

6h38.4K1.1K59

Kyle Cheney@kyledcheney

The precedent cited by the judge to conclude the H-1B fee is a tax? The Supreme Court's Obamacare ruling. https://storage.courtlistener.com/recap/gov.uscourts.mad.293201/gov.uscourts.mad.293201.106.0.pdf

8h15K2366

Kyle Cheney@kyledcheney

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://www.politico.com/news/2026/06/08/donald-trump-100-000-visa-fee-ruling-00953451

7h7.1K1083

Emre Yurttas@emrey35

@kyledcheney Wow! This I didn't expect to see! They literally used Chief Justice Robert's own ruling against Trump! Talk about a major loss here! And it would be crazy for any higher court to overturn this!

8h2K431

Jared@Jar3d__

@kyledcheney This is some awful reasoning. Just politicians in robes at this point.

8h2K53

Danielle Fong 🔆@DanielleFong

this is like the year of personal rule for King Charles in the Revolutions podcast

Kyle Cheney@kyledcheney

JUST IN: A federal judge has ruled Trump's $100,000 H-1B visa fee is an unauthorized tax on businesses and must be vacated. https://storage.courtlistener.com/recap/gov.uscourts.mad.293201/gov.uscourts.mad.293201.106.0.pdf

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Hale@OswaldHale

@kyledcheney It’s a fee not a tax, will be overturned easily.

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DeepKat@Deep_OTM

@kyledcheney @carlquintanilla How the fuck does anything get done in this country with activist judges

7h6918

Richard Hanania@RichardHanania

https://storage.courtlistener.com/recap/gov.uscourts.mad.293201/gov.uscourts.mad.293201.106.0.pdf

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blue dot 🌊💙@yeah_i_saidthat

@kyledcheney @AngryFedupVtr He's just losing all over the place. I love to see it

7h34210

Alice@RationalBlonde

@RichardHanania It has nothing to do with "hating Indians" and everything to do with trying to reduce corporations from exploiting foreign labor to improve their margins

5h31810

Rahul@rahul5974

@RichardHanania Trump is the most pro Indian .. American president. Main culprit is Stephen mille .. literally every one who follows H1B knows it

6h80941

goomba@o____principe

@kyledcheney Appointed by Barack Obama.

8h5404

Faiz Ahmad | Unfiltered@FaizAhmadOff

@nytimes This man spent years making ridiculous rules just to hurt skilled workers, and now the courts are throwing his garbage policies right into the trash. Another huge L for Trump!

6h4749

Miamicool@miamicool

@kyledcheney These Dems installed Activist Federal Judges seem to be more powerful than all of the GOP, the President & the Supreme Court

Ruthless & Unscrupulous Dems know how to rig the system well.

We should learn from them how to get sh*t done

7h2335

Jigar Patel@jdpatel_jdp

@RichardHanania President loves Indians, he loves India and he loves the Prime Minister. This misinformation from his Admin clearly not aligned with his opinions.

6h7063

Nathan Moffitt@NMoffittDem

@kyledcheney I’m told that @SecScottBessent emerged from a soirée of tea and chocolates with @LindseyGrahamSC and @RichardGrenell to declare, “We do not abide by the rulings of activist judges.” @CNNPolitics @MSNOW_Reports @NewsHour @TODAYshow

8h6544

Pure Context@Natureofpride

@washingtonpost why hire foreign while local people stay jobless

6h51

𝕁𝕖𝕗𝕗𝕖𝕣𝕪 𝔾𝕒𝕦𝕤𝕤 # 🟦@MagnetDude

@kyledcheney @SamTheMailman TrumptyDumpty MUST BE VACATED! Arrest this schmuck the minute he’s out of office!

7h5552

0@Nau060810

@RichardHanania @MT_6226 Who in his administration hates Indians? The vps wife is an Indian along with head of fbi. Rubio was just in India.

6h4432