Trump's US$100,000 H-1B visa fee is unlawful, US judge rules

A federal judge in Boston has struck down a $100,000 fee imposed by the Trump administration on new H-1B visas for highly skilled foreign workers. U.S. District Judge Leo Sorokin ruled on Monday that the fee constituted an unlawful tax, as Congress never authorized it. The ruling came in response to a lawsuit filed by 20 Democratic state attorneys general challenging the fee, which was announced in September and significantly increased the cost of obtaining these visas.

The administration had argued that the fee was a lawful monetary penalty, citing federal immigration law that grants the president power to restrict foreign nationals deemed detrimental to U.S. interests. However, Judge Sorokin concluded that the fee's substance and application revealed it to be a tax, regardless of its name. He cited a previous Supreme Court ruling that invalidated Trump's tariffs imposed under emergency powers, applying similar logic to the H-1B visa fee.

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Here, the substance and application of the US$100,000 payment reveal that it is a tax, regardless of what the payment is called.

White House spokeswoman Taylor Rogers stated that the Trump administration is confident the ruling will be reversed on appeal. She asserted that President Trump possesses clear legal authority to restrict the entry of any alien class he determines is not in America's best interests. The H-1B program typically offers 65,000 visas annually, with an additional 20,000 for advanced degree holders, and is heavily relied upon by technology companies.

Before Trump's proclamation, employers typically paid between $2,000 and $5,000 in fees for H-1B visas. The increased fee has reportedly discouraged applications, with only 85 payments of the $100,000 fee received as of February 15, according to administration filings. The Trump administration has also implemented enhanced vetting for H-1B applicants and proposed changes to the visa selection process.

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President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did.