Federal Judge Voids Trump Policy Charging $100,000 Fees for H-1B Visa Petitions

A federal judge has nullified a Trump administration policy that imposed a $100,000 fee on companies seeking H-1B visas for skilled foreign workers. Judge Leo T. Sorokin of the Federal District Court for the District of Massachusetts ruled that this initiative constituted an unlawful tax and should be voided in its entirety.

The judge explained that the policy appeared to infringe upon Congress’s exclusive power to levy taxes. He dismissed the administration’s claim that the fee was a regulatory payment, a term lacking definition and legal precedent in their argumentation. Sorokin stated in his written opinion, “This is mere ipse dixit,” indicating that the justification provided lacked evidence.

The policy, introduced in September, was formulated without a formal process or public commentary, despite expected opposition across industries dependent on the visa program for addressing labor shortages. The administration had justified the fee, arguing that the H-1B program had been exploited by companies to replace American workers. They posited that the fee would encourage businesses to employ more U.S. citizens in high-paying roles.