Wednesday, June 10, 2026 - A federal judge has voided US President Donald Trump’s requirement of a $100,000 application fee for H-1B visas, ruling that the executive branch lacked the authority to impose the policy on a program used by companies to hire highly skilled foreign workers.
The decision by US District Judge Leo Sorokin concluded that
only Congress holds the power to change federal immigration policy to include
such a requirement. Sorokin viewed the massive fee as a tax and noted that
lawmakers had not given the president permission to unilaterally make the
change. Writing in the 42-page decision, Sorokin stated that the president had
no power or delegated authority to impose a tax on H-1B petitions.
The lawsuit was initiated by a coalition of Democratic state
attorneys general after the administration introduced the fee in an effort to
rein in the program, which the administration argued was being overused. H-1B
visas allow foreign professionals with at least a bachelor’s degree to work in
specialized fields, granting an initial three years of residency with the
option to renew for another three.
Economists have frequently argued that the program helps US
companies maintain competitiveness and grow, which ultimately creates more jobs
domestically.
During the proceedings, the administration argued that
federal immigration law provides the president enough leeway to alter US
policy. Sorokin rejected this defense, stating that nothing in current laws
allows the executive branch to levy taxes within the immigration sphere.
Following the ruling, a Justice Department spokesperson
expressed commitment to protecting American workers and supporting the
administration's agenda, pointing to a previous favorable ruling in a separate
challenge to the policy.
The spokesperson emphasized that the department will
continue to hold companies accountable if they exploit American workers or fail
to use the H-1B program as intended.
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