US Court Strikes Down Trump-Era $100,000 H-1B Visa Fee, Citing Constitutional Limits

A federal court in the United States has invalidated a Trump administration policy that imposed a $100,000 fee on employers seeking H-1B visas for foreign skilled workers. The ruling marks a significant development in the ongoing legal debate over the limits of presidential authority in immigration matters.

The decision was delivered by Judge Leo Sorkin of the US District Court for the District of Massachusetts while hearing a challenge brought by a coalition of Democratic state attorneys general led by California. The lawsuit questioned the legality of a September proclamation issued by President Donald Trump that introduced the fee as part of a broader effort to restrict the entry of certain non-immigrant workers.

The H-1B visa program allows US employers to hire foreign professionals in specialized fields requiring advanced knowledge and qualifications. Under the challenged policy, companies were required to pay $100,000 for each H-1B visa application, a measure the administration justified as necessary to prevent misuse of the program and protect American workers.

In his ruling, Judge Sorkin concluded that the fee effectively functioned as a tax rather than a regulatory charge. He held that the US Constitution grants Congress not the President the authority to impose taxes and make major changes to immigration policy. The court found that the proclamation exceeded executive powers and violated the constitutional principle of separation of powers.

As a result, the judge vacated the entire policy implementing the fee, restoring the previous framework governing H-1B visa applications.