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Federal Judge Voids Trump Administration’s $100,000 H-1B Visa Fee

A federal judge in Boston has struck down the Trump administration’s attempt to impose a $100,000 fee on H-1B visa petitions. US District Court Judge Leo Sorokin ruled that the executive branch overstepped its constitutional boundaries by implementing the massive levy without the necessary authorization from Congress.

Federal Judge Voids Trump Administration’s $100,000 H-1B Visa Fee

The policy, introduced last September, sought to curb the use of foreign labor by dramatically increasing costs from the previous $215 application fee. The administration argued the measure would protect domestic workers from being displaced by lower-paid foreign staff. However, the court found that the fee functioned as an unauthorized tax, violating the Administrative Procedure Act which dictates how federal agencies must develop regulations.

Tech companies, hospitals, and universities—which rely heavily on the H-1B program to source specialized talent—had largely frozen applications due to the prohibitive cost. A coalition of 20 states challenged the move, asserting that the financial burden threatened their ability to staff public schools, universities, and medical facilities. While supporters of the fee hike claimed it prevented the outsourcing of IT roles to staffing firms, the ruling provides immediate relief to institutions that had faced a near-impossible barrier to hiring essential researchers and professionals.

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