A U.S. federal judge on Monday (June 8) struck down a $100,000 application fee imposed by President Donald Trump for H-1B visas.
In the ruling, the judge stated that the President lacks the authority to impose such new policies on the program, which companies use to hire highly skilled foreign workers in specialized fields.
The judge concluded that the fee amounted to an illegal tax that was never authorized by Congress.
U.S. District Judge Leo Sorokin in Boston delivered the ruling, marking a new chapter in a lawsuit filed by a coalition of 20 Democratic state attorneys general. The lawsuit challenged a fee announced by Trump in September, which dramatically increased the cost of obtaining an H-1B visa. Tech companies, in particular, rely heavily on this visa category to bring in foreign talent.
Judge Sorokin stated that only Congress has the power to attach such mandates to federal immigration policy, characterizing the fee as nothing more than a tax in Trump's vision. Lawmakers, he noted, have not granted the executive branch authorization to make such unilateral changes.
"The President possessed no power or delegated authority to impose a tax on H-1B applications," Judge Sorokin, who sits in Boston and was appointed by former President Barack Obama, wrote in his 42-page ruling vacating the policy.
Trump had imposed the $100,000 mandate in an effort to curb the visa program, arguing that it was being overused. A coalition of Democratic state attorneys general filed the lawsuit a few months later, in December.
The H-1B visa program allows foreign professionals to work in occupations considered highly specialized. Applicants for this visa must possess a bachelor's degree or its equivalent.
The visa is typically valid for three years and can be extended for an additional three years. Economists have long argued that the program helps U.S. companies maintain their competitiveness and expand their businesses, which ultimately creates more jobs within the United States.
Source: Reuters
