A US. federal judge has struck down former President Donald Trump’s policy imposing a $100,000 fee on H-1B visa applications, delivering a significant setback to the administration’s immigration agenda.
U.S. District Judge Leo Sorokin ruled that the fee was unlawful, stating that the Trump administration exceeded its authority by implementing the measure without congressional approval. The policy, announced in September, was challenged by 20 states, including California.
In a 42-page ruling, Judge Sorokin said that regardless of how the charge was labeled, the $100,000 fee effectively functioned as a tax. He noted that the administration lacked the legal authority to impose such a tax on H-1B visa applications.
The Department of Homeland Security criticized the decision, describing it as an example of judicial activism.
The H-1B visa program was established by Congress in 1990 and allows U.S. companies to hire highly skilled foreign professionals for temporary employment, often for up to six years. Congress later capped the program at 65,000 visas annually, with an additional 20,000 visas available for individuals holding advanced degrees.
Under existing regulations, employers sponsoring H-1B workers typically pay application fees ranging from approximately $1,700 to $4,500. The Trump-era policy sought to raise that amount dramatically to $100,000, a move that has now been invalidated by the court.
