Judge Rules Against $100,000 Visa Fee Policy

A federal judge ruled against a Trump administration policy requiring companies to pay $100,000 fees for H-1B visa petitions. The decision voids the policy entirely, deeming it an unlawful tax on employers seeking visas for skilled foreign workers.

Judge Leo T. Sorokin, from the Federal District Court for the District of Massachusetts, stated the policy overstepped Congress’s constitutional power to levy taxes. Judge Sorokin highlighted that the administration labeled the fee a ‘regulatory payment,’ which he challenged as lacking evidence or legal basis.

In a 42-page opinion, Judge Sorokin noted the absence of a formal process or public commentary when formulating the rule. Many industries rely on the visa program to address skilled labor shortages, potentially opposing the rule.

The Trump administration argued that the H-1B program had been misused to replace American workers with lower-paid foreign labor. They asserted that the $100,000 fee would push companies to hire more U.S. citizens in high-paying positions.