In a ruling on Monday, a federal decide mentioned the price was a tax that Trump didn’t have authority to impose.
Printed On 8 Jun 2026
A United States federal decide has struck down the $100,000 price that US President Donald Trump imposed on new H-1B visas for extremely expert overseas staff, concluding that it constituted an illegal tax that Congress by no means authorised.
US District Choose Leo Sorokin issued the ruling in Boston on Monday in a lawsuit filed by 20 Democratic state attorneys common difficult the price Trump introduced in September, which dramatically raised the price of acquiring H-1B visas.
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The H-1B programme affords 65,000 visas yearly, with one other 20,000 visas for staff with superior levels, authorized for 3 to 6 years. Employers searching for a visa for a overseas employee earlier than Trump’s proclamation sometimes paid about $2,000 to $5,000 in charges, relying on numerous components.
The rise in charges has discouraged H-1B visa requests, in keeping with court docket filings. As of February 15 , US Citizenship and Immigration Companies had acquired simply 85 funds of the $100,000 price, the administration mentioned in a March submitting.
It argued that the price constituted a financial penalty that the president had lawful authority to impose underneath federal immigration regulation to limit the entry of sure overseas nationals.
However Sorokin, who was appointed by Democratic President Barack Obama, concluded that the price was not a penalty however a tax that the Republican president lacked any authorisation from Congress to concern.
“Right here, the substance and utility of the $100,000 cost reveal that it’s a tax, no matter what the cost known as,” he wrote.
The White Home didn’t instantly reply to a request for remark.
