US judge blocks Trump plan for $100,000 visa fee
A federal judge in the United States has halted a plan by the Trump administration to impose a $100,000 fee on employers seeking to hire highly skilled foreign workers, ruling that the measure constituted an...
A federal judge in the United States has halted a plan by the Trump administration to impose a $100,000 fee on employers seeking to hire highly skilled foreign workers, ruling that the measure constituted an unauthorised tax.
When the decision to impose the fee was announced via a presidential proclamation in September 2025, it was met with widespread backlash and national outcry, including from companies that were worried about what it would mean for their affected employees.
At the time, Leon Rodriguez, a partner at the Seyfarth law firm who was director of US Citizenship and Immigration Services in the Obama administration, said that despite the White House's attempts to reassure critics that the fee would not apply to existing visa holders, "there's still some folks out there recommending to their H-1B employees that they not travel right now until it's a little clearer."
US District Judge Leo Sorokin determined that the policy exceeded executive authority by bypassing Congress. The proposed charge was aimed at applications for the H-1B visa programme, which allows US businesses to employ foreign professionals in specialised fields.
According to the ruling, such a levy requires explicit legislative approval from lawmakers, highlighting the constitutional boundaries of presidential power.
Legal challenges and precedents
The court's decision represents a significant win for several US states that launched the legal challenge. The plaintiffs argued that the high fee would severely disrupt recruitment at public entities, such as state-funded universities and medical facilities, which rely on international expertise.
In his ruling, Judge Sorokin drew on two previous Supreme Court decisions. One of these cases upheld the Affordable Care Act by defining its individual mandate as a tax, while a more recent judgment rejected executive efforts to implement broad tariffs without congressional authorisation.
The ruling adds to a series of legal challenges facing the administration's economic policies. Neither the White House nor the Department of Justice immediately responded to requests for comment on the matter.
Administration plans appeal
The White House indicated its intention to contest the ruling.
“The H-1B program has been abused for decades, and President Trump finally took action to fix it,” White House spokesperson Taylor Rogers said, as reported by Politico. “A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal.”
Sorokin's decision departs from a ruling issued six months prior by a federal judge in Washington, DC, who had supported a similar executive measure. However, that earlier decision was made before a February Supreme Court ruling that clarified executive limitations regarding taxation, which influenced Sorokin's reasoning in the current case.
What is the H-1B visa programme?
Established in its current form in 1990, the H-1B visa programme caps annual issuances at 85,000. Of these, 20,000 are set aside for applicants holding advanced degrees, while higher education institutions and non-profit research organisations remain exempt from the annual limit.
The programme has faced consistent criticism from Donald Trump, who argues that it undermines employment opportunities for domestic workers.
“Abuses of the H-1B program present a national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields,” Trump previously stated.
