Judge declare Trump’s $100,000 H-1B visa fee unlawful
In a major legal setback for former US President Donald Trump, a federal court has ruled that the $100,000 fee imposed on new H-1B visas for highly skilled foreign workers was unlawful.
US District Judge Leo Sorokin issued the decision in Boston while hearing a lawsuit filed by 20 Democratic state attorneys general. The lawsuit challenged a policy announced by Trump in September that dramatically increased the cost of obtaining H-1B visas.
The H-1B visa program allows US companies to hire highly skilled foreign professionals in fields such as technology, engineering, healthcare, and research. Every year, 65,000 H-1B visas are available, along with an additional 20,000 visas for applicants holding advanced degrees.
Also Read: Trump claims US ‘ended Iran war’ and says nuclear deal agreed
Before the fee increase, employers typically paid between $2,000 and $5,000 in visa-related charges, depending on various requirements. Trump’s policy raised that amount to $100,000, making it significantly more expensive for companies to hire foreign talent.
According to court documents, the sharp increase discouraged employers from applying for H-1B visas. Government records showed that by February 15, only 85 payments of the $100,000 fee had been received.
The Trump administration argued that the charge was a legal monetary penalty designed to limit the entry of certain foreign workers under immigration laws.
However, Judge Sorokin disagreed and ruled that the payment functioned as a tax rather than a penalty. He said Congress had never given the president the authority to impose such a tax.
Also Read: US says Strait of Hormuz will be toll-free under Iran deal
In his ruling, the judge stated that the true nature of the $100,000 payment made it a tax regardless of how the administration described it.
The White House did not immediately comment on the court’s decision.
The ruling is expected to be welcomed by many businesses, universities, and industries that rely on skilled foreign workers to fill specialized positions across the United States.
