excalibur
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- Mar 19, 2015
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And again we have a District Court judge, from Massachusetts yet again, interfering in policy.
Most of these decisions emanate from 5 or 6 districts across America.
And why are States suing for H-1B visas anayway?
www.theepochtimes.com
Most of these decisions emanate from 5 or 6 districts across America.
And why are States suing for H-1B visas anayway?
President Donald Trump’s $100,000 fee for H-1B visas is not legal, a federal judge said on June 8.
The fee for visas for specialty foreign workers “imposes a tax on H-1B petitions without the requisite delegation by Congress,” U.S. District Judge Leo Sorokin said in a 42-page decision.
While the president is able to restrict noncitizen entry into the United States, Congress has the power to tax, and federal law does not delegate it, the judge said.
He also ruled that the fee violated a law called the Administrative Procedure Act because it was issued without allowing the public to comment before it took effect, and ordered officials to vacate the policy in its entirety.
Some 65,000 regular H-1B visas are offered each year, as well as 20,000 additional visas for workers with advanced degrees.
“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 Rogers, a White House spokeswoman, told The Epoch Times in an email.
,,,
A different judge in late 2025 had upheld the fee, finding that Trump had the authority to increase the fee from between $2,000 to $5,000 to the $100,000 level. An appeal is pending in that case.
The fee for visas for specialty foreign workers “imposes a tax on H-1B petitions without the requisite delegation by Congress,” U.S. District Judge Leo Sorokin said in a 42-page decision.
While the president is able to restrict noncitizen entry into the United States, Congress has the power to tax, and federal law does not delegate it, the judge said.
He also ruled that the fee violated a law called the Administrative Procedure Act because it was issued without allowing the public to comment before it took effect, and ordered officials to vacate the policy in its entirety.
Some 65,000 regular H-1B visas are offered each year, as well as 20,000 additional visas for workers with advanced degrees.
“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 Rogers, a White House spokeswoman, told The Epoch Times in an email.
,,,
A different judge in late 2025 had upheld the fee, finding that Trump had the authority to increase the fee from between $2,000 to $5,000 to the $100,000 level. An appeal is pending in that case.
Judge Blocks Trump’s $100,000 Fee for H-1B Visas
The policy implementing the fee ‘imposes a tax on H-1B petitions without the requisite delegation by Congress,’ the judge concluded.
www.theepochtimes.com
