A federal judge has invalidated the $100,000 application fee for H-1B visas that was imposed by former President Donald Trump. The ruling, delivered by US District Judge Leo Sorokin, emphasized that the authority to alter federal immigration policy, particularly in ways that resemble taxation, rests solely with Congress.

Judicial Decision

Judge Sorokin, appointed by former President Barack Obama, stated in his decision that the executive branch does not have the power to unilaterally impose what amounts to a tax on H-1B visa petitions. The decision came after a coalition of Democratic state attorneys general challenged the fee, which was introduced by Trump as a measure to control the program.

The H-1B visa program is designed to allow companies to hire foreign professionals in specialized fields. Applicants need to possess at least a bachelor’s degree or its equivalent. The visa is initially valid for three years and can be extended for another three years. Proponents of the program argue that it helps U.S. companies remain competitive and supports job creation domestically.

Legal and Economic Implications

The Trump administration had argued that federal immigration law provided the president with the flexibility to make such changes. However, Judge Sorokin found no provision in the law that granted the president the power to levy taxes within the immigration framework.

This ruling underscores the constitutional principle that significant changes to immigration policy, especially those involving financial impositions, require legislative action. The decision is likely to have implications for how future administrations approach immigration policy changes.

CNN reached out to the Justice Department for comments on the ruling, but no response was provided at the time of reporting.

Original reporting: KEYT (Ventura/Santa Barbara) — read the source article.