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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
Advertisement “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.
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