WASHINGTON: The US federal judge has struck down a policy introduced during former President Donald Trump’s administration that imposed a $100,000 fee on applications for H-1B visas, a program widely used by American companies to employ highly skilled foreign professionals.
The ruling was issued by US District Judge Leo Sorokin, who declared the measure unlawful and concluded that the administration had exceeded its legal authority by implementing the fee without approval from Congress.
The controversial policy, announced in September, significantly increased the cost of applying for H-1B visas, which are commonly granted to foreign workers in specialized fields such as technology, engineering, healthcare, and research. Under the policy, employers seeking to hire foreign professionals through the program were required to pay a fee of $100,000 per application.
A coalition of 20 US states, including California, challenged the measure in court, arguing that the administration lacked the authority to impose such a substantial financial requirement without legislative approval.
In his 42-page ruling, Judge Sorokin stated that regardless of how the administration described the charge, the $100,000 fee effectively constituted a tax. He noted that the executive branch does not possess the authority to impose such a tax on H-1B visa applications without authorization from Congress.
“The administration exceeded its powers by acting without congressional approval,” the judge wrote, emphasizing that the measure violated established legal procedures.
The H-1B visa program was established by Congress in 1990 to allow US-based companies to hire foreign experts for temporary employment in specialized occupations. The visas can generally be granted for up to six years.
Congress later set an annual cap of 65,000 H-1B visas, while an additional 20,000 visas are available each year for applicants holding advanced academic degrees.
Before the introduction of the Trump-era policy, employers participating in the program were required to pay application fees ranging from approximately $1,700 to $4,500. The proposed increase to $100,000 had drawn criticism from businesses, state governments, and immigration advocates, who argued that it would place a significant burden on employers and limit access to international talent.
The court’s decision is expected to have important implications for immigration policy and the future administration of the H-1B visa program in the United States.
