Trump's $100K H-1B visa fee struck down
Add Axios as your preferred source to
see more of our stories on Google.
Photo: Samuel Corum/Getty Images
A $100,000 fee that President Trump imposed on employers for H-1B visa petitions is unlawful, a federal judge ruled Monday.
Why it matters: The ruling, which the White House vowed to appeal, blocks a major Trump immigration policy change and concludes that the administration imposed what amounted to a tax without congressional authorization.
Driving the news: U.S. District Judge Leo Sorokin ruled in a lawsuit brought by 20 Democratic state attorneys general that Trump exceeded his authority with his September executive order raising the annual fee for the visa.
- The Boston-based judge wrote "the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called."
The big picture: The H-1B visa program allows highly skilled workers in specialty occupations to live and work in the U.S. under a temporary nonimmigrant status.
- Several prominent Trump supporters in Silicon Valley support the visa program.
- Among them is the South African-born Elon Musk who previously held an H-1B visa and has argued it helps companies recruit engineering talent.
What they're saying: White House spokesperson Taylor Rogers noted in a statement that a federal judge in Washington, D.C., upheld a similar challenge to Trump's executive order last December and the Trump administration is confident this order will be reversed on appeal.
- "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," Taylor added in her email.
- Representatives for the Department of Homeland Security referred Axios to the White House for comment.
Editor's note: This article has been updated with White House comment and further context.
