JAKARTA - U.S. District Judge Leo T. Sorokin on June 8 vacated the Trump administration’s policy implementing a US$100,000 payment requirement for new H-1B petitions. The 42-page memorandum and order granted summary judgment to a coalition of 20 states and declared the implementing policy unlawful in its entirety.
The California Department of Justice said on June 8 that the policy had created a costly barrier for employers seeking skilled foreign workers, including teachers, physicians, researchers and nurses. The Associated Press reported on June 8 that White House spokesperson Taylor Rogers said the administration expects the order to be reversed on appeal.
The disputed requirement originated in a White House proclamation signed on September 19, 2025. A White House FAQ published on September 21, 2025 said the one-time payment applied to new H-1B petitions submitted after 12:01 a.m. Eastern time that day. It did not apply to previously issued H-1B visas, petitions submitted before the deadline, renewals or travel by current visa holders.
Sorokin found that the executive branch lacked congressional authority to impose the payment. “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” he wrote.
The order also found that the agencies violated the Administrative Procedure Act by issuing legislative rules without notice-and-comment procedures, exceeding their statutory authority and acting arbitrarily and capriciously.
The H-1B programme allows U.S. employers to petition for foreign workers in specialty occupations requiring specialised knowledge and at least a bachelor’s degree or equivalent. The California Department of Justice said the annual cap for most private employers is 65,000 visas, with a further 20,000 places for people holding a master’s degree or higher. Certain government and nonprofit research organisations are exempt from the cap.
A USCIS fiscal year 2025 report, published on April 24, said 70% of approved H-1B petitions were for beneficiaries whose country of birth was India while China ranked second with 12.1%. Other Asia-Pacific countries and economies in the top 10 were the Philippines with 1.4%, South Korea with 1.0%, Pakistan with 0.8% and Taiwan with 0.8%.
