US judge strikes down Trump’s $100,000 H1-B visa fee

In a ruling on Monday, a federal judge said the fee was a tax that Trump didn’t have authority to impose.A United States federal judge has struck down the $100,000 fee that US President Donald Trump imposed on new H-1B visas for highly skilled foreign workers, concluding that it constituted an unlawful tax that Congress never authorised.US District Judge Leo Sorokin issued the ruling in Boston on Monday in a lawsuit filed by 20 Democratic state attorneys general challenging the fee Trump announced in September, which dramatically raised the cost of obtaining H-1B visas.Recommended Stories list of 4 itemslist 1 of 4Meta to take legal action against Israeli spyware company NSOlist 2 of 4The Take: FIFA World Cup – the politics and profits of the beautiful gamelist 3 of 47.8 magnitude earthquake leaves dozens dead in the Philippineslist 4 of 4How Lebanon became the breaking point for the Iran war ceasefireend of listThe H-1B programme offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about $2,000 to $5,000 in fees, depending on various factors.The increase in fees has discouraged H-1B visa requests, according to court filings. As of February 15 , US Citizenship and Immigration Services had received just 85 payments of the $100,000 fee, the administration said in a March filing.It argued that the fee constituted a monetary penalty that the president had lawful authority to impose under federal immigration law to restrict the entry of certain foreign nationals.But Sorokin, who was appointed by Democratic President Barack Obama, concluded that the fee was not a penalty but a tax that the Republican president lacked any authorisation from Congress to issue.“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” he wrote.