Judge Leo Sorokin invalidates President Donald Trump’s $100,000 H-1B visa fee, deeming it an unauthorized tax following a lawsuit by 20 Democratic state attorneys general
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A federal judge ruled on Monday that the $100,000 fee imposed by U.S. President Donald Trump on new H-1B visas for skilled foreign workers is unauthorized, stating that it represents an unlawful tax lacking congressional approval.
U.S. District Judge Leo Sorokin, based in Boston, made the determination in response to a lawsuit from 20 Democratic state attorneys general contesting the increased fee that Trump announced in September, which significantly raised costs for obtaining H-1B visas.
The H-1B program allows for 65,000 visas yearly, along with an additional 20,000 visas for workers with advanced degrees, valid for three to six years. Prior to Trump’s announcement, employers typically paid between $2,000 and $5,000 in fees for a visa, depending on various factors.
The surge in fees has dissuaded applications for H-1B visas, according to court documents. As of February 15, only 85 payments of the $100,000 fee had been recorded by U.S. Citizenship and Immigration Services, as noted in a March filing by the administration.
The administration contended that the fee was a lawful monetary penalty that the president could impose under federal immigration law to limit entry for certain foreign nationals.
However, Judge Sorokin, appointed by Democratic President Barack Obama, determined that the fee constituted a tax that the Republican president did not have congressional authorization to impose.
“In essence, the nature and implementation of the $100,000 fee clearly indicate it is a tax, regardless of the terminology used,” he stated.
The White House has yet to respond to requests for comments.
(Edited by : Srabastee Biswas)
