The White House has said the surcharge was meant to curb abuse of the program and protect American jobs
A US federal judge has struck down President Donald Trump’s $100,000 fee on new skilled-worker visas, ruling that the White House could not impose the charge without approval from Congress.
The fee applied to new H-1B visa petitions filed on behalf of foreign workers outside the US. The program allows American employers to hire specialists from abroad for up to six years, and is capped at 65,000 new visas a year, with another 20,000 available for applicants with advanced degrees. It is widely used by major technology companies.
Trump has argued that the system has been abused by companies seeking to replace American workers with lower-paid foreign labor. In September, he ordered a $100,000 surcharge on new applications, saying the measure would protect US jobs and national security.
On Monday, US District Judge Leo Sorokin ruled in favor of 20 states that challenged the policy. He said the $100,000 payment was effectively a tax, “regardless of what the payment is called,” and that the administration had no authority to impose it.
The Department of Homeland Security has denounced the ruling as “blatant judicial activism,” insisting the fee was meant to protect US workers and prevent abuse of employment-based visa programs.
The lawsuit was led by California and joined by other states that argued the fee was unlawful and would harm schools, universities, hospitals and other public institutions that rely on skilled foreign workers.
The H-1B program has long divided US policymakers. Supporters say it helps companies fill specialized roles, while critics have argued that it allows corporations and staffing firms to undercut American workers and suppress wages.
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