Trump’s $100,000 H-1B visa fee is unlawful, U.S. judge rules

A federal judge has invalidated a $100,000 fee previously imposed on H-1B visas for highly skilled international employees. District Judge Leo Sorokin determined that the Trump-era surcharge was implemented without the necessary legislative approval from Congress. By labeling the charge an unlawful tax, the court has effectively struck down a policy that significantly increased the financial burden on companies hiring foreign talent. This decision marks a notable legal setback for the administration's past efforts to restrict high-skilled immigration through fiscal measures. The ruling clarifies that executive agencies cannot unilaterally create such substantial revenue-generating requirements without explicit congressional authorization.

This ruling reinforces the constitutional principle that only Congress has the authority to levy taxes, limiting the executive branch's ability to impose significant financial barriers on immigration programs.