A federal judge has invalidated a $100,000 fee President Trump imposed on H-1B visa applications, in a win for U.S. big tech companies that rely on hiring skilled foreign workers.
US District Judge Leo T. Sorokin in Massachusetts ruled that the President’s order to significantly raise the cost of the popular visa constitutes an unlawful tax, which must be vacated.
Sorokin supported California, which is expected to be most affected by the decision, and 19 other states in their lawsuit to block the fee, arguing that the policy exceeded President Trump’s authority and would harm important public sectors like education and healthcare.
“The court finds that the policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin said in the ruling.
“President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did,” White House spokesperson Taylor Rogers said in a statement. “The H-1B program has been abused for decades, and President Trump finally took action to fix it. A federal judge in Washington already upheld a nearly identical order, and the administration is confident this order will be reversed on appeal.”
The H-1B visa program enables U.S. companies to hire foreign workers with college degrees for specialized jobs. In September, President Trump issued a proclamation raising the application fee to discourage companies from using the program to hire foreign workers rather than US workers.
The government said it would appeal Judge Sorokin’s decision.
By CEO NA Editorial Staff
