A federal judge appointed by President Barack Obama struck down the Trump administration’s $100,000 fee on H-1B visa petitions Monday, ruling the executive branch imposed what amounts to a tax without congressional approval. The decision hands a win to corporate interests and Democratic attorneys general who challenged the policy, and leaves American workers who compete with cheaper foreign labor without the protection the fee was designed to provide.
U.S. District Judge Leo Sorokin, sitting in the District of Massachusetts, vacated the policy materials implementing the fee and issued a declaratory judgment that the requirement violated both the Administrative Procedure Act and the Constitution. The case, California v. Mullin, No. 1:25-cv-13829, was brought by 20 Democratic state attorneys general, the Washington Examiner reported, after Trump announced the policy in September.
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