Obama-appointed federal judge strikes down Trump's $100,000 H-1B visa payment requirement, ruling it amounts to a tax only Congress can impose.
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’Jill Biden says former president will live with stage 4 cancer 'for the rest of his life,' has slowed downHouston ISD schools narrow academic gaps after state takeover despite racism claimsIDF warns southern Lebanon residents to evacuate homesClay Travis: Democratic Party is now 'profoundly antisemetic'Columnist David Marcus joins 'Fox & Friends' to discuss the disagreement over H-1B visas after Elon Musk and President-elect Trump expressed support.birthright citizenship executive order has again dealt a major setback to the administration by striking down Trump's $100,000 H-1B visa payment requirement and declaring the policy unlawful.ruled Monday that the Trump administration lacked the authority to impose the hefty payment on employers seeking new H-1B visas, finding that the requirement amounted to a tax that only Congress has the constitutional power to impose.
, Sorokin sided with a coalition of 20 states that challenged Trump's September 2025 proclamation creating a new $100,000 payment requirement for employers filing petitions for foreign workers under, which allows U.S. employers to hire skilled foreign workers. Approximately 65,000 foreign workers are issued a H-1B visa each year. U.S. President Donald Trump during an executive order signing in the Oval Office of the White House in Washington, D.C. , on Wednesday, June 3, 2026.
Before Trump's proclamation, employers typically paid between $2,000 and $5,000 in filing fees to sponsor an H-1B worker, depending on the type of application and the size of the company. The administration had argued that the measure was necessary to curb abuse of the visa system and protect American workers.
"While the Executive has broad discretion over the admission and exclusion of aliens, ... that discretion is not boundless," Sorokin wrote, referring to previous"The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress," Sorokin wrote. Beyond the constitutional concerns, Sorokin also found that federal agencies violated the Administrative Procedure Act by implementing the policy without notice-and-comment rule making and concluded that the agencies exceeded their statutory authority.
Signage for the U.S. Department of State is displayed outside its headquarters in the Foggy Bottom neighborhood of Washington, D.C. , on April 15, 2025.in 2013 and confirmed by the Senate in 2014. Last year, Sorokin was the fourth judge to issue a nationwide injunction blocking Trump's executive order seeking to limit birthright citizenship. He ruled that the policy is likely unconstitutional under the 14th Amendment.
That dispute has since reached the Supreme Court, and a ruling is expected in the coming weeks.
"President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did,"spokesperson Taylor Rogers told Fox News Digital. "The H-1B program has been abused for decades, and President Trump finally took action to fix it. A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal.
" In a separate challenge filed in December 2025, U.S. District Judge Beryl Howell in Washington declined to block the policy after dismissing claims from the U.S. Chamber of Commerce that the additional H-1B charge violated federal immigration law.
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