Donald Trump’s $100,000 H-1B visa fee is unlawful, US judge rules

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A federal judge on Monday struck down a $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 authorized.US District Judge Leo Sorokin in Boston issued the ruling ⁠in ​a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas. The H-1B program ​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, U.S. Citizenship and Immigration Services ⁠had received ⁠just 85 payments of the $100,000 fee, the administration said in a March filing.Read | With a $100k price tag on H-1B visas, is it the end of Indians’ American dream?The ⁠administration ‌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 authorization 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.The White House did not immediately ​respond to a request for comment.