Federal Judge Says No to Trump’s H-1B Fee

A federal judge has blocked Trump’s $100,000 H-1B visa fee, ruling the White House overstepped its authority. This means thousands of skilled foreign workers can now apply without facing crippling costs—potentially saving U.S. businesses millions and protecting tech innovation.

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Federal Judge Says No to Trump’s H-1B Fee—Here’s How It Impacts You
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A federal judge has blocked President Donald Trump’s controversial $100,000 fee requirement for H-1B visas, ruling that the White House overstepped its authority. The ruling is a victory for tech companies and foreign professionals who rely on the H-1B program to work in the U.S.

H-1B Visa Fee Requirement Overturned

U.S. District Judge Leo Sorokin, appointed by former President Obama, determined that only Congress has the power to impose such fees. In his 42-page decision, Sorokin wrote that Trump’s fee constituted a tax that the executive branch could not levy unilaterally. “The President had no power or delegated authority to impose a tax on H-1B petitions,” the judge explained.

The lawsuit was filed by a coalition of Democratic state attorneys general, led by New York Attorney General Letitia James, shortly after the administration introduced the $100,000 requirement.

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Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts. © Diego M. Radzinschi/Law.com

 

Impact on Skilled Workers and U.S. Businesses

H-1B visas allow foreign professionals with specialized skills to work in the U.S., typically requiring a bachelor’s degree or equivalent. The visa is valid for three years and can be renewed for another three. Economists and business leaders have repeatedly argued that the program helps companies stay competitive, innovate, and even create jobs for American workers.

The fee had caused widespread concern among tech firms, research institutions, and multinational companies. Many argued that such a steep cost would discourage highly skilled applicants, hurt innovation, and slow business growth.

Administration’s Response and Legal Arguments

The Trump administration had argued that federal immigration laws gave the president leeway to impose such a requirement, but Judge Sorokin disagreed. He stated that nowhere in the law did Congress authorize the president to impose taxes in the immigration sphere. The Justice Department defended its position, emphasizing that it remains committed to protecting American workers and ensuring the H-1B program is not misused.

Reactions from State Attorneys General and Advocates

New York Attorney General Letitia James praised the ruling, saying it “workers with these visas contribute immensely to our state, and I will keep fighting to stop this administration’s unjust and unlawful attacks on our immigrant communities.” She highlighted the contribution of H-1B workers to state economies and pledged to continue defending immigrant rights, reports CNN.

Industry experts note that this decision brings much-needed clarity to U.S. companies and foreign workers. The ruling may also influence ongoing discussions about future reforms to the H-1B program, which remains a cornerstone for U.S. business competitiveness.

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