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Federal Judge Blocks Trump's $100,000 H-1B Visa Fee on Businesses

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Federal Judge Leo T. Sorokin ruled Monday that the Trump administration's $100,000 fee requirement for H-1B visa petitions violates the Constitution by imposing an unlawful tax on employers. The decision nullifies a September policy that would have charged companies seeking skilled foreign workers.

The ruling impacts roughly 85,000 annual visas used extensively by technology firms, hospitals, and universities to fill critical staffing gaps. Smaller companies and nonprofit organizations argued the fee would be prohibitively expensive, particularly in sectors already facing labor shortages.

Judge Sorokin found the policy stepped on Congress's exclusive power to levy taxes, dismissing the administration's claim that fees constituted regulatory payments. He noted the rule lacked proper public comment processes and was hastily implemented. This marks the second major court defeat for Trump immigration restrictions this week.

White House spokeswoman Taylor Rogers defended the policy, citing President Trump's authority over immigration and expressing confidence the decision would be reversed on appeal. The ruling creates uncertainty for businesses planning hiring strategies dependent on foreign skilled labor.