A federal judge has ruled against the Trump administration’s policy that required companies to pay $100,000 fees for H-1B visa petitions. This decision nullifies an initiative that was seen as an unlawful tax on employers.
Judge Sorokin’s Ruling
Judge Leo T. Sorokin of the Federal District Court for the District of Massachusetts determined that the policy infringed upon Congress’s exclusive authority to levy taxes. The ruling, delivered on Monday, described the fees as an unlawful tax rather than a regulatory payment, dismissing the Trump administration’s defense.
Policy Details
The policy that came into effect in September faced criticism for lacking a formal process or public commentary period. Judge Sorokin noted the lack of evidence supporting the administration’s claim that the fee was a regulatory payment. Instead, it was seen as a hasty measure without industry or public input.
Administration’s Argument
The administration argued that the H-1B visa program was being exploited to replace American workers with cheaper foreign labor. They claimed the fee would encourage companies to hire more U.S. citizens for high-paying jobs. However, the judge’s ruling found these arguments insufficient to support the policy’s legality.