Federal Judge Overturns Trump's $100,000 H-1B Visa Fee
Judge strikes down Trump’s $100,000 H-1B visa fee
The Independent
Image: The Independent
A federal judge has invalidated a $100,000 fee on H-1B visas imposed by former President Donald Trump, ruling it an unauthorized tax. This decision follows a lawsuit from 20 Democratic state attorneys general and highlights the fee's negative impact on visa applications.
- 01U.S. District Judge Leo Sorokin ruled the $100,000 fee as an unlawful tax not authorized by Congress.
- 02The fee discouraged H-1B visa applications, with only 85 payments received by mid-February 2023.
- 03The Trump administration plans to appeal the ruling, asserting the president's authority to restrict foreign entry.
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A federal judge has ruled against the $100,000 fee imposed by former President Donald Trump on new H-1B visas, deeming it an unlawful tax that lacked Congressional authorization. U.S. District Judge Leo Sorokin's decision arose from a lawsuit filed by 20 Democratic state attorneys general, which argued that the fee significantly increased the cost of obtaining these visas, discouraging applications. The H-1B program typically grants 65,000 visas annually, plus an additional 20,000 for advanced degree holders, with previous fees ranging from $2,000 to $5,000. The Trump administration had claimed the fee was a lawful penalty under immigration law, but Judge Sorokin concluded it was a tax, echoing a recent Supreme Court ruling against Trump's tariffs. The White House expressed confidence that the ruling would be overturned on appeal, asserting that Trump had the legal authority to restrict foreign entry. This fee has sparked multiple lawsuits, including one from the U.S. Chamber of Commerce, which is also appealing a related decision.
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The ruling may lead to increased H-1B visa applications, benefiting employers seeking skilled foreign workers.
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