Last September, President Trump issued a well-received proclamation intended to discourage the continued use and abuse of the now very well-known H-1B program. The policy, however, has hit a roadblock in the courts.
On Monday, a federal judge ruled that Trump’s $100,000 H-1B visa sponsor fee is unlawful.
‘They’re hurting our country very badly.’
U.S. District Judge Leo Sorokin, appointed by Obama in 2014, ruled that the $100,000 fee violates the Administrative Procedure Act and the Constitution.
Judge Sorokin of the U.S. District Court of Massachusetts argued that the policy is effectively a tax, and Congress had not clearly delegated the prerogative of levying it to the president. The judge agreed with the states that “the substance and application of the $100,000 payment reveal that it is a tax.”
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