Judge rules Trump's $100,000 fee on H-1B visas illegal
Translated from Spanish, summarized and contextualized by DistantNews.
At a glance
- A federal judge has blocked a $100,000 fee imposed by the Trump administration on new H-1B visas for highly skilled foreign workers.
- The judge ruled the fee was illegal, stating the Trump administration exceeded its authority by imposing it without congressional approval.
- The policy aimed to discourage large tech companies from hiring foreign workers, favoring American employees instead.
A federal judge in Boston has struck down a controversial $100,000 fee imposed by the Trump administration on new H-1B visas for highly skilled foreign workers, deeming the charge illegal. The ruling came in response to a lawsuit filed by a group of 20 states challenging the policy.
The imposition of the fee sought to make large tech companies and other large companies 'stop training' foreign workers and favor Americans.
When announced last September, then-Secretary of Commerce Howard Lutnick stated the fee's purpose was to pressure large tech companies and other major corporations to stop training foreign workers and instead prioritize American employees. However, U.S. District Judge Leo Sorokin ruled that the Trump administration "overstepped" its authority by implementing the fee without authorization from Congress.
The H-1B visa program, established by Congress, has an annual cap of 65,000 visas, with an additional 20,000 reserved for foreign nationals holding a U.S. master's degree or higher. In his 42-page ruling, the judge classified the $100,000 charge as a tax. California, home to many of the country's major tech firms, led the legal challenge against the new fee.
overstepped
Immigration lawyers had previously raised alarms about the fee's potential impact. The American Immigration Lawyers Association (AILA) argued that the policy would affect not only tech workers but also industries such as agriculture, renewable energy, and healthcare. Shev Dalal-Dheini, AILA's Director of Government Relations, criticized the measure, suggesting it was designed "to create as much chaos as possible." Lawyers expressed frustration over the limited information provided by the White House regarding the fee, which only applied to new applicants and whose potential exemptions remained unclear.
to create as much chaos as possible
Originally published by ABC Color in Spanish. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.