US Judge Strikes Down Trump’s USD100,000 Skilled Visa Fee
The policy targeted new H-1B visa petitions filed for foreign workers outside the United States. The program allows American employers to hire highly skilled foreign professionals for up to six years and is subject to an annual cap of 65,000 visas, with an additional 20,000 reserved for applicants with advanced degrees. It is widely used in sectors such as technology.
The administration had argued that the visa system was being exploited by companies seeking to replace domestic workers with lower-cost foreign labor. In September, the president ordered the implementation of a $100,000 surcharge on new applications, framing it as a measure to protect American jobs and strengthen national security.
However, US District Judge Leo Sorokin ruled in favor of a coalition of 20 states that challenged the policy. He concluded that the charge functioned effectively as a tax, “regardless of what the payment is called,” and determined that the administration had exceeded its legal authority.
Following the ruling, the Department of Homeland Security criticized the decision, describing it as “blatant judicial activism,” while maintaining that the policy was designed to protect US workers and prevent misuse of employment-based visa programs.
The legal challenge, led by California and joined by multiple other states, argued that the fee was unlawful and would negatively impact institutions such as schools, hospitals, and universities that depend on skilled foreign professionals.
The H-1B visa program has long been politically contested in the United States. Supporters view it as essential for filling specialized labor shortages, while critics argue it enables companies to suppress wages and reduce opportunities for American workers.
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