Trump’s $100,000 H-1B visa fee struck down as illegal by federal judge | Today’s news

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 was an unauthorized tax that Congress never authorized.

U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic attorneys general challenging the policy announced by Trump in September.

The charge under the referee’s rules was illegal

In his ruling, Sorokin concluded that the $100,000 fee imposed on certain new H-1B visa applications was not a statutory immigration penalty, as the administration claimed, but rather a tax that the president did not have the authority to impose without congressional approval.

“Here, the nature and use of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote.

A judge ordered the charge to be dropped, marking a significant setback for one of the Trump administration’s immigration measures aimed at restricting the entry of foreign workers.

States have challenged the fee hike

The lawsuit argued that the fee far exceeds the costs traditionally associated with obtaining an H-1B visa and will 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 have reportedly been declining

Court filings showed that the sharp increase in fees appeared to discourage employers from seeking H-1B visas.

As of Feb. 15, USCIS had received only 85 payments of the $100,000 fee, according to administrative records filed in the case.

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

Key visa program for skilled workers

The H-1B visa program allows American 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 with higher education from US institutions.