Federal judge voids $100,000 H-1B visa fee imposed by President Trump

A federal judge on Monday struck down President Donald Trump’s $100,000 fee on new H-1B visas, ruling the charge an unauthorized tax that Congress never approved. U.S. District Judge Leo Sorokin in Boston issued the 42-page decision in a case brought by 20 states.

The ruling found the fee violated the Administrative Procedure Act because it was implemented without public comment and exceeded the president’s authority under immigration law.

As of February 15, U.S. Citizenship and Immigration Services had received only 85 payments of the $100,000 amount, according to an administration filing submitted in March. The administration had defended the fee as a lawful penalty to restrict entry of certain foreign nationals.

Judge Sorokin rejected that argument, writing that the payment’s substance and application made it a tax regardless of its label.

other litigation White House spokeswoman Taylor Rogers said the administration is confident the order will be reversed on appeal. She stated that President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests.

The fee had already faced multiple legal challenges, including a suit by the U.S. Chamber of Commerce that is still pending after a December ruling in Washington, D.C. The Trump administration has separately ordered enhanced vetting of H-1B applicants and proposed changes to the selection process that would favor higher-skilled and higher-paid workers.