U.S. Federal Judge Strikes Down Trump Administration’s $100,000 H-1B Visa Fee Policy

A U.S. federal judge has struck down a Trump administration policy that imposed a $100,000 fee on H-1B visa applications for highly skilled foreign workers.

President Donald Trump had introduced the requirement, mandating employers to pay a $100,000 fee when applying for H-1B visas. However, U.S. District Judge Leo Sorokin ruled that the measure was unlawful.

The policy, announced in September, was challenged by 20 U.S. states, including California. In his ruling, Judge Sorokin stated that the administration had exceeded its authority by implementing the measure without congressional approval.

In the 42-page decision, the judge wrote that regardless of how the fee was labeled, the $100,000 charge effectively constituted a tax. He concluded that the Trump administration lacked the legal authority to impose such a tax on H-1B visa applications.

The Department of Homeland Security criticized the ruling, describing it as an example of judicial activism.

The H-1B visa program was established by Congress in 1990 to allow U.S.-based companies to temporarily employ highly skilled foreign professionals in specialized fields. These visas can be granted for periods of up to six years.

Congress later capped the number of H-1B visas at 65,000 annually, with an additional 20,000 visas available for applicants holding advanced degrees.

Before the policy change, employers sponsoring H-1B workers were required to pay application fees ranging from approximately $1,700 to $4,500. The Trump administration’s measure increased that amount to $100,000, prompting widespread legal challenges.