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U.S. Court Voids Trump Administration’s $100,000 H‑1B Fee

By treating the charge as an unauthorized tax, the decision bars its enforcement while appeals proceed.

Overview

  • The U.S. federal district court in Massachusetts ruled on Monday that the presidential proclamation raising H‑1B application fees to $100,000 is illegal and void because it functions as a tax the president lacks authority to impose.
  • The challenge was brought by a coalition of 20 state attorneys general led by California Attorney General Rob Bonta, who argued the fee exceeded powers granted by Congress.
  • The administration has announced plans to appeal the ruling, so the decision is a major setback but not a final end to the policy and higher courts will now review the case.
  • The H‑1B program covers roughly 500,000 workers in fields such as technology, health care, education and research, and the ruling leaves employers and visa applicants facing immediate uncertainty over costs and hiring.
  • Legal experts say the case raises core separation‑of‑powers questions because it treats an executive fee as a form of taxation that requires congressional authorization, and a final resolution could take months or years.