A U.S. federal court has ruled against the $100,000 fee imposed on new H-1B visa petitions during the Trump administration, citing violation of separation of powers.
Federal Court Overturns Trump's H-1B Visa Fee
A federal court in the United States has invalidated the Trump administration's $100,000 fee on new H-1B visa petitions, deeming it unconstitutional. The ruling, delivered by Judge Leo T. Sorokin of the District of Massachusetts, found that the policy improperly imposed a tax through executive action, violating the separation of powers doctrine.
This case, named State of California Vs Mark Wayne Mullin Et Al, centers around Proclamation 10973, which attempted to raise substantial fees for H-1B visa petitions and was met with considerable legal challenges. The ruling reinforces the necessity for changes to immigration fees to undergo appropriate legislative processes rather than be enacted by executive order.
For immigration lawyers and professionals, this judgment serves as a pivotal moment in the ongoing debate around immigration policy and fees, and it may influence future strategies for H-1B applicants and their legal representatives.
Citations
- State of California Vs Mark Wayne Mullin Et Al (2026) U.S. District Court