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Immigration — Legal — World Affairs

Court Rules Trump Administration’s H-1B Surcharge Unlawful

The ruling effectively invalidates one of the administration’s most aggressive efforts to discourage employers from hiring overseas talent.

,   and  TIPP Staff
3 min read
Trump's $100,000 H-1B Visa application fee rejected by Judge - Pic via: (@WSJ)

A federal judge has struck down the Trump administration’s $100,000 surcharge on new H-1B visas, ruling that the policy exceeded executive authority and amounted to an unauthorized tax.

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U.S. District Judge Leo Sorokin issued the decision Monday in Boston, concluding that the administration lacked clear congressional authorization to impose the substantial fee on highly skilled foreign workers seeking H-1B visas.

The ruling effectively invalidates one of the administration’s most aggressive efforts to discourage employers from hiring overseas talent.

The case was brought by a coalition of 20 Democratic state attorneys general led by California.

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The plaintiffs argued that the surcharge would harm technology companies, research institutions, and public universities that rely on highly skilled international workers.

They also contended that the policy could weaken regional economies dependent on innovation and advanced industries.

The fee was introduced through a presidential proclamation in September and applied to newly filed H-1B petitions.

Critics argued that the administration attempted to implement the measure without following the traditional federal rulemaking process.

The ruling provides immediate relief to employers that recruit foreign engineers, scientists, medical professionals, and technology specialists, while representing a significant setback for the administration’s broader efforts to tighten employment-based immigration policies.

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