President Donald Trump speaks before signing executive orders in the Oval Office of the White House on September 19, 2025 in Washington, DC.
Andrew Harnik | getty images
A federal judge on Monday struck down President Donald Trump’s policy that imposed a $100,000 fee on employers’ H-1B visa applications.
Judge Leo Sorokin ruled that Visa’s payment policy violated the Federal Administrative Procedure Act and the Constitution. declared in judgment In the US District Court in Massachusetts.
Sorokin agreed with the plaintiffs that “the substance and application of the $100,000 payment show that it is a tax,” and that Congress had not delegated that power to the executive branch.
The H-1B policy was created in 1990 and is heavily used by US tech giants to bring in high-skilled workers from abroad. The program allows U.S. employers to seek government permission to hire nonimmigrant workers in specific occupations for up to six years.
Trump imposes $100,000 tariff Presidential Proclamation The move to ban the program last September argued that its abuses undermined U.S. economic and national security through “massive replacement of American workers.”
Before the change, H-1B visa fees ranged from $2,000 to $5,000 per application, CNBC previously reported.
The White House did not immediately respond to CNBC’s request for comment on Sorokin’s decision.
trial The suit was filed in December by 20 states against the Trump administration and several top officials. In October, the US Chamber of Commerce filed its lawsuit challenging the $100,000 H-1B policy.
This is breaking news. Please refresh for updates.
