A federal judge has struck down a policy introduced under former US President Donald Trump that required a $100,000 application fee for H-1B visas, ruling that the executive branch lacked the authority to impose such a charge.
US District Judge Leo Sorokin held that only Congress has the constitutional power to alter immigration law in a way that introduces such a substantial financial requirement, describing the fee as effectively a tax that was not authorized by lawmakers.
In his 42-page ruling, Sorokin stated that the president had no delegated authority to impose a tax on H-1B petitions, which are used by US companies to employ highly skilled foreign workers in specialized fields.
The H-1B visa program allows foreign professionals with at least a bachelor’s degree to work in the United States for an initial period of three years, with the possibility of extension for another three years. It is widely used in sectors such as technology, engineering, and healthcare.
The policy was previously challenged in court by a coalition of Democratic state attorneys general, who argued that it exceeded presidential powers and undermined established immigration procedures.
Economists have long noted that the H-1B program helps US companies remain competitive globally and supports job creation within the United States.
During proceedings, government lawyers argued that federal immigration laws granted the executive branch broad authority over visa regulations. However, the court rejected this argument, stating that existing laws do not permit the administration to impose such financial penalties without congressional approval.
Following the ruling, a Justice Department spokesperson reaffirmed the administration’s commitment to protecting American workers and enforcing immigration rules, while indicating it would continue to challenge similar cases in court.
New York Attorney General Letitia James welcomed the decision, describing it as a victory against an unlawful attempt to disrupt a key immigration program and the jobs it supports.
The ruling effectively halts the controversial fee requirement and reinforces congressional authority over major changes to US immigration policy.