A federal judge in Massachusetts ruled Monday that President Donald Trump’s $100,000 fee for H-1B visa applicants violates the Constitution’s Administrative Procedure Act, effectively blocking the controversial policy. The decision marks a significant setback for the Trump administration’s efforts to reshape U.S. immigration policy in favor of domestic workers.
Judge Cites Overreach of Presidential Authority
Judge Leo Sorokin determined that the fee, implemented through an executive order last year, constitutes a tax and exceeds the scope of presidential discretion under U.S. immigration law. Sorokin emphasized that such a policy requires congressional approval to be lawful.
The fee exceeds the scope of the President’s discretionary authority under U.S. immigration law,
The Trump administration has defended the fee, arguing that H-1B visas are often used by companies to replace American workers, particularly in the tech sector. However, the ruling highlights the legal challenges facing the administration’s unilateral approach to immigration reform.
Impact on Tech Industry
The fee, which skyrocketed from $5,000 to $100,000, has already influenced H-1B visa application trends. Major tech companies like Google and Microsoft saw a decline in filings following the executive order, while AI-focused firms such as OpenAI and Nvidia increased their applications.
The ruling raises questions about the future of H-1B visa policies, which remain a contentious issue in debates over immigration and American job protection. As legal battles continue, the outcome could shape the administration’s ability to enact further immigration reforms without congressional input.