A US federal judge has halted President Donald Trump’s attempt to impose a $100,000 fee on employers filing H‑1B visa applications for highly skilled foreign workers, ruling that the president overstepped his authority.
District Judge Leo Sorokin sided with 20 Democratic‑led states, finding that the proposed fee amounted to a tax, something only Congress has the constitutional power to impose. In his 42‑page ruling, Sorokin wrote that “the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” adding that the president “had no power or delegated authority to impose a tax on H‑1B petitions.”
The decision creates a split in the federal courts. In December, a different judge upheld the same $100,000 fee in a separate lawsuit brought by the US Chamber of Commerce and the Association of American Universities, which represents 69 major research institutions. That ruling is currently under appeal.
The H‑1B program is widely used by tech companies, universities and research institutions to hire highly skilled foreign workers. The proposed fee would have dramatically increased the cost of sponsoring such employees, prompting strong opposition from business groups and state governments.
With conflicting rulings now on the books, the issue appears headed for a higher court and potentially the Supreme Court unless the administration withdraws or revises the policy.
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