Judge Voids Trump’s $100,000 Visa Fee Policy

A federal judge has ruled against a Trump administration policy that imposed $100,000 fees on employers seeking H-1B visas for skilled foreign workers, declaring it an unlawful tax on companies. Judge Leo T. Sorokin of the Federal District Court for the District of Massachusetts nullified the policy, emphasizing its conflict with Congress’s constitutional authority to levy taxes.

Judge Sorokin’s decision, presented in a 42-page opinion, targets one aspect of the Trump administration’s broader campaign to restrict legal immigration. The judge found that the policy, which was introduced in September, lacked evidence supporting its claim as a “regulatory payment.” He noted the absence of any formal process or opportunity for public comment, despite potential widespread opposition from industries depending on skilled foreign labor.

This is mere ipse dixit,” Judge Sorokin stated, meaning the term was used without evidence. He criticized the lack of a clear definition or legal precedent for the term “regulatory payment.”

The Trump administration claimed in court that the H-1B program was exploited to replace American workers with less-costly foreign labor. The administration argued the $100,000 fee would encourage companies to hire U.S. citizens for high-paying positions.