Judge Leo Sorokin noted that President Donald Trump or his officials do not have the statutory powers to authorize such a charge|Trump White House
Massachusetts Judge Leo Sorokin ruled that the Trump administration’s $100,000 fee on new H-1B visa applicants was unlawful and voided it nationwide.
He sided with a coalition of states that argued the fee crippled their ability to staff schools, universities, and healthcare systems. The new fee also significantly affected tech companies that used the visa type to hire in-demand foreign professionals.
Judge Sorokin ruled that the policy illegally imposed a tax without the necessary congressional delegation, noting that neither President Donald Trump nor his officials have the statutory authority to authorize such a charge.
Typically, new fees must be set by Congress or undergo a months-long public comment process.
Previously, entering the H-1B visa lottery cost $215, with application fees totaling over $5,000.
A White House spokesperson said they plan to appeal the ruling and defended the president’s legal authority to restrict entry and reform the heavily abused H-1B program.