Federal judge Leo Sorokin vacates the Trump administration's $100,000 fee on H‑1B visa hires, ruling it an unauthorized tax and restoring prior H‑1B filing procedures.
A federal judge appointed by former President Barack Obama has nullified the Trump administration's plan to impose a one‑time $100,000 fee on employers who sponsor foreign workers under the H‑1B visa program.
On Monday, Judge Leo Sorokin of the United States District Court for the District of Massachusetts entered an opinion that the fee constitutes a tax that was never authorized by Congress, and therefore must be vacated. In his written decision, Sorokin explained that the administration's policy effectively creates a financial charge on each H‑1B petition without the requisite legislative delegation, violating the Constitution's spending power and the Administrative Procedure Act.
The court therefore vacated the policy documents that accompanied the presidential proclamation mandating the $100,000 payment. The plaintiffs, a coalition of technology firms and trade associations, sought a judicial declaration that the policy was unlawful under both the Administrative Procedure Act and the Constitution. Defendants argued that a declaratory judgment alone would not remedy the plaintiffs' alleged injuries, claiming it would not prevent future proclamations or enforcement actions.
The judge rejected that contention, noting that the vacatur of the policy itself removes the offending requirement and thus provides the relief sought. By striking down the fee, the decision restores the status quo that existed before the proclamation, allowing employers to continue filing H‑1B petitions without the additional financial burden. The H‑1B visa program permits U.S. companies to hire highly skilled foreign professionals, primarily from India, to fill positions in fields such as technology, engineering, and finance.
Critics of the program argue that it is often used to replace American workers with lower‑cost labor, while supporters contend that it fills genuine skill gaps in the U.S. labor market. The $100,000 fee was promoted by the Trump administration as a deterrent against perceived abuses, but the court's ruling underscores the limits of executive authority when it attempts to impose new financial obligations without congressional approval.
The decision is expected to have significant implications for both employers who rely on H‑1B talent and the broader debate over immigration reform and labor protections
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