Federal judge blocks Trump's $100,000 H-1B visa fee
A federal judge on Monday struck down the $100,000 fee the Trump administration imposed on new H-1B visas for skilled foreign workers.
In a 42-page decision, U.S. District Judge Leo Sorokin vacated the policy nationwide, concluding that the federal government overstepped its authority by imposing the fee without approval from Congress.
"The President enjoys no such 'inherent' powers here," Judge Sorokin wrote. "A tribe's power to tax does not derive from the Constitution or any federal statute; rather, it exists as an essential and unique feature of tribal sovereignty. Unlike a tribe, however, the President has no authority to levy a tax unless such a power is delegated by Congress through statute"
In September, President Trump signed a proclamation adding the visa application fee and barring H-1B workers from entering the U.S. unless they make the $100,000 payment.
"We're going to be able to keep people in our country that are going to be very productive people, and in many cases these companies are going to pay a lot of money for that, and they're very happy about it," Trump said at the time.
Judge Sorokin, in his decision, labeled the fee a "tax."
"The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called," Sorokin wrote.
A coalition of states sued the government in December, arguing that the higher visa costs -- which previously ranged from $960 to $7,595 -- would lead to severe staffing shortages in public school systems, state universities, and public health care facilities that rely on foreign workers.
Judge Sorokin rejected the Trump administration's argument that the executive branch had the authority to levy the $100,000 fee.
"While the Executive has broad discretion over the admission and exclusion of aliens, that discretion is not boundless," Sorokin wrote.
The H1-B visa program was created as part of the 1990 immigration bill and allowed foreign prospective employees with college and graduate degrees in select fields such as computer sciences, engineering and medical research to legally live and work in America.
