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US Judge Declares Donald Trump's $100k Visa Fee Unlawful

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A federal judge struck down a $100,000 fee imposed by the Trump administration on employers filing H‑1B visa petitions, finding the fee violated the Administrative Procedure Act and the Constitution. Judge Leo Sorokin ruled that the payment constituted a tax that Congress had not delegated to the executive branch. The Trump administration announced it will appeal the ruling.

    1. The President had no power or delegated authority to impose a tax on H-1B petitions.
    2. Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.
    3. The court finds that the policy imposes a tax on H-1B petitions without the requisite delegation by Congress.
    1. The H-1B program has been abused for decades, and President Trump finally took action to fix it. A federal judge in Washington already upheld a nearly identical order, and the administration is confident this order will be reversed on appeal.
    2. President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America's best interests, and that is exactly what he did.
US Judge Declares Donald Trump's $100k Visa Fee Unlawful