Federal Judge Strikes Down Trump’s $100,000 H-1B Visa Fee Policy

A federal judge has invalidated former President Donald Trump’s attempt to impose a $100,000 application fee on H-1B visas, ruling that the executive branch overstepped its authority in creating the requirement.

U.S. District Judge Leo Sorokin determined that only Congress has the legal power to modify federal immigration policy in a way that introduces such a fee, which he characterized as a tax. According to the ruling, lawmakers never granted the president authority to unilaterally enact this kind of change.

“The President had no power or delegated authority to impose a tax on H-1B petitions,” Sorokin wrote in his 42-page decision, emphasizing that the policy lacked legal foundation.

The lawsuit was filed in December by a coalition of Democratic state attorneys general, months after Trump introduced the fee as part of an effort to curb what he described as excessive use of the H-1B program. These visas allow highly skilled foreign professionals with at least a bachelor’s degree—or equivalent qualifications—to work in specialized fields in the United States.

H-1B visas are typically granted for three years, with the possibility of a three-year extension. Economists have long argued that the program helps U.S. companies remain competitive and supports job creation domestically.

In rejecting the administration’s defense, Sorokin dismissed claims that existing immigration laws gave the president flexibility to implement the fee. He noted that while such laws provide some discretion, they do not extend to imposing taxes within the immigration system.

The Justice Department has not yet issued a response to the ruling.

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