US Judge Blocks Trump’s $100,000 Fee for Skilled Visa Applications

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US judge blocks Trump’s $100,000 fee for skilled visa applications

A U.S. federal judge on Monday halted President Donald Trump’s proposal to charge a $100,000 fee on employers submitting visa applications for highly skilled foreign workers.

District Judge Leo Sorokin, in a lawsuit filed by 20 states governed by Democrats, found that the fee encroached on taxation authority reserved for Congress and therefore constituted an unlawful 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 in his 42‑page ruling.

“The President had no power or delegated authority to impose a tax on H‑1B petitions,” he added.

In a separate case, another federal judge upheld the $100,000 fee in December, a decision that is now being appealed.

The lawsuit was brought by the U.S. Chamber of Commerce, a pro‑business lobbying group, and the Association of American Universities, which represents 69 U.S.-based research schools.

Trump introduced the new H‑1B visa policy in September, claiming that the system was being abused to replace American workers with individuals willing to accept lower wages.

The fee is part of a broader immigration crackdown by the Republican president, who has intensified efforts against migrants since returning to office.

The United States issues 85,000 H‑1B visas annually through a lottery system, with India accounting for roughly three‑quarters of the recipients.

Prior to the new fee, H‑1B visa costs could reach up to $5,000.

Tech entrepreneurs—including former Trump ally Elon Musk—have cautioned against targeting H‑1B visas, arguing that the United States lacks sufficient domestic talent to fill critical tech sector positions.

AFP

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