Federal Judge Blocks Trump’s $100,000 H-1B Visa Fee

In his ruling, Sorokin concluded that the fee functioned as a tax rather than a regulatory charge and said Congress never granted the executive branch authority to impose such a levy.

“The substance and application of the $100,000 payment reveal that it is a tax,” Sorokin wrote, finding that the administration had exceeded its legal authority.

The ruling represents a significant setback for the administration’s broader effort to tighten restrictions on foreign worker programs and prioritize American workers in high-skilled industries.

The H-1B visa program, created by Congress in 1990, allows U.S. employers to hire foreign nationals in specialty occupations requiring specialized knowledge and education.

The visas are heavily utilized by major technology companies, engineering firms, healthcare providers, and other industries that rely on highly skilled labor.