A federal judge has voided US President Donald Trump’s requirement of a $100,000 application fee for H-1B visas, ruling that the executive branch lacked the authority to impose the policy on a program used by companies to hire highly skilled foreign workers.
The decision by US District Judge Leo Sorokin concluded that only Congress holds the power to change federal immigration policy to include such a requirement. Sorokin viewed the massive fee as a tax and noted that lawmakers had not given the president permission to unilaterally make the change. Writing in the 42-page decision, Sorokin stated that the president had no power or delegated authority to impose a tax on H-1B petitions.
The lawsuit was initiated by a coalition of Democratic state attorneys general after the administration introduced the fee in an effort to rein in the program, which the administration argued was being overused. H-1B visas allow foreign professionals with at least a bachelor’s degree to work in specialized fields, granting an initial three years of residency with the option to renew for another three.
Economists have frequently argued that the program helps US companies maintain competitiveness and grow, which ultimately creates more jobs domestically.
During the proceedings, the administration argued that federal immigration law provides the president enough leeway to alter US policy. Sorokin rejected this defense, stating that nothing in current laws allows the executive branch to levy taxes within the immigration sphere.
Following the ruling, a Justice Department spokesperson expressed commitment to protecting American workers and supporting the administration’s agenda, pointing to a previous favorable ruling in a separate challenge to the policy.
The spokesperson emphasized that the department will continue to hold companies accountable if they exploit American workers or fail to use the H-1B program as intended.
Conversely, New York Attorney General Letitia James, whose office led the lawsuit, praised the court’s decision for halting an illegal attempt to disrupt a critical program and the jobs it supports, reaffirming a commitment to defending immigrant communities and their contributions to the state.
