Washington (HRNW) – A US federal court has ruled that President Donald Trump’s policy imposing a $100,000 fee on H-1B visa applications for foreign skilled workers is unlawful and exceeds the authority of the executive branch.
According to US media reports, Federal District Judge Leo Sorokin stated in a 42-page ruling that the Trump administration introduced the fee without congressional approval, despite the fact that such a charge effectively functions as a tax.
The court noted that under the US Constitution, only Congress has the authority to impose taxes, and the administration cannot unilaterally introduce such measures. As a result, the policy was declared null and void.
President Trump had announced the fee increase in September, arguing that it was necessary to protect American jobs and reduce reliance on foreign labor. However, a coalition of 20 US states, including California, challenged the policy in court, claiming it violated established legal procedures.
The court sided with the states, finding that the administration had overstepped its legal authority. Meanwhile, the US Department of Homeland Security criticized the ruling, describing it as an example of “judicial activism.”
The H-1B visa program, established by Congress in 1990, allows US employers to hire foreign professionals in fields such as technology, engineering, healthcare, and research. Under existing regulations, 65,000 H-1B visas are issued annually, along with an additional 20,000 visas for applicants holding advanced degrees.
Previously, employers typically paid application-related fees ranging from $1,700 to $4,500, but the Trump administration increased the amount to $100,000, a move that has now been struck down by the court.
Experts say the ruling is a significant development for US technology companies, international skilled workers, and thousands of H-1B visa applicants around the world.
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