A federal judge has struck down a $100,000 fee imposed by President Donald Trump on new H-1B visas for highly skilled foreign workers, ruling it an unlawful tax that Congress never authorized. The decision, issued by U.S. District Judge Leo Sorokin in Boston, stems from a lawsuit brought by 20 Democratic state attorneys general challenging the significantly increased cost of obtaining these visas.The H-1B program grants 65,000 visas annually, with an additional 20,000 for workers holding advanced degrees, typically approved for three to six years. Prior to Trump's proclamation, employers seeking a visa for a foreign worker usually paid between $2,000 and $5,000 in fees depending on various factors.Court filings indicate that the substantial fee increase discouraged H-1B visa requests. As of February 15, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 fee, according to a March administration filing. The administration had argued the fee was a monetary penalty, lawfully imposed under federal immigration law to restrict the entry of certain foreign nationals.However, Judge Sorokin, an appointee of Democratic President Barack Obama, concluded that the payment was not a penalty but a tax for which Donald Trump lacked any Congressional authorization. "Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called," he wrote.The White House did not immediately respond to a request for comment.
Judge strikes down Trump’s $100,000 H-1B visa fee
The increase in fees has discouraged H-1B visa requests, according to court filings











