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….