Trump's $100,000 H-1B Visa Fee Struck Down As Unlawful By Federal Judge

(MENAFN- Live Mint) A federal judge on Monday (June 8) struck down US President Donald Trump's controversial $100,000 fee on new H-1B visa applications, ruling that the measure amounted to an unauthorized tax that Congress never approved.

US District Judge Leo Sorokin in Boston issued the decision in a lawsuit brought by 20 Democratic state attorneys general challenging the policy announced by Trump in September.

Judge rules fee was unlawful

In his ruling, Sorokin concluded that the $100,000 charge imposed on certain new H-1B visa petitions was not a lawful immigration penalty, as argued by the administration, but rather a tax that the president lacked authority to impose without congressional approval.

"Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called," Sorokin wrote.

The judge ordered that the fee be invalidated, dealing a significant setback to one of the Trump administration's immigration measures aimed at restricting the entry of foreign workers.

States challenged fee increase

The lawsuit argued that the fee far exceeded the costs traditionally associated with obtaining an H-1B visa and would harm employers, universities, hospitals and technology companies that rely on highly skilled foreign workers.

Before Trump's decision to raise the fee to $100,000, employers typically paid between $2,000 and $5,000 in fees to sponsor an H-1B worker, depending on the size of the company and other factors.

H-1B applications reportedly declined

Court filings showed that the steep fee increase appeared to discourage employers from seeking H-1B visas.

According to administration data cited in the case, the US Citizenship and Immigration Services had received only 85 payments of the $100,000 fee as of February 15.

The administration maintained that the charge was a monetary penalty designed to limit the entry of certain foreign nationals and argued that federal immigration law gave the president authority to impose it.

Key visa program for skilled workers

The H-1B visa program allows US employers to hire foreign professionals in specialty occupations such as technology, engineering, healthcare, finance and research.

The program issues 65,000 visas annually, with an additional 20,000 visas reserved for applicants holding advanced degrees from US institutions.

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