Judge Prevents Implementation of Trump’s $100,000 H-1B Visa Fee
US Judge Leo Sorokin has ruled against Donald Trump’s $100,000 H-1B visa fee, determining that it constitutes an unauthorized tax.
A federal judge has halted a policy implemented by US President Donald Trump that mandated employers to pay a $100,000 fee when submitting new H-1B visa petitions.
On Monday, US District Judge Leo Sorokin determined that the fee constituted an unauthorized tax and invalidated the policy.
In a ruling delivered by the US District Court in Massachusetts, Sorokin stated that the policy contravened both the federal Administrative Procedure Act and the US Constitution. He concurred with the plaintiffs that “the substance and application of the $100,000 payment reveal that it is a tax”tax” and determined that Congress had not bestowed upon the executive branch the authority to impose such a charge.
The H-1B visa program, established in 1990, is commonly utilized by US technology companies to attract highly skilled foreign workers. The program enables US employers to obtain government approval for hiring non-immigrant workers in specialized occupations for durations of up to six years.
Trump introduced a set of wider restrictions in September, targeting specific categories of non-immigrant workers, which included the fee.
In defense of the measures at the time, the White House stated: “American IT workers have reported being compelled to train the foreign workers who were assuming their positions and to sign nondisclosure agreements regarding this indignity as a prerequisite for receiving any form of severance.” This indicates that H-1B visas are being used for purposes other than addressing occupational shortages or acquiring highly skilled workers who are not present in the United States.
The White House contended that the misuse of the H-1B program poses a national security threat. Domestic law enforcement agencies have identified and investigated outsourcing companies that rely on H-1B visas for engaging in visa fraud, conspiracy to launder money, conspiracy under the Racketeer Influenced and Corrupt Organizations Act, and other illegal activities to entice foreign workers to come to the United States.
It also noted, “Additionally, the misuse of the H-1B program poses a national security risk by deterring Americans from entering careers in science and technology, jeopardizing American dominance in these areas. A 2017 study indicated that wages for American computer scientists could have been 2.6 percent to 5.1 percent higher, and employment in computer science for American workers might have been 6.1 percent to 10.8 percent higher in 2001 if foreign workers had not been imported into the computer science field.
The ruling effectively bars the administration from mandating a $100,000 payment with new H-1B visa applications.
