BOSTON \u2014 A federal judge on Monday struck down a $100,000 fee that U.S. President Donald Trump imposed on new \u200bH-1B visas for highly skilled foreign workers, concluding that it \u200cconstituted an unlawful tax that Congress never authorized.<\/p>\n\n\n\n
U.S. District Judge Leo Sorokin in Boston issued the ruling in a lawsuit filed by 20 Democratic state \u200battorneys general challenging a fee Trump announced in September \u200bthat dramatically raised the cost of obtaining H-1B visas.<\/p>\n\n\n\n
The \u2060H-1B program offers 65,000 visas annually, with another 20,000 visas \u200bfor workers with advanced degrees, approved for three to six years. \u200bEmployers seeking a visa for a foreign worker before Trump\u2019s proclamation typically paid about $2,000 to $5,000 in fees depending on various factors.<\/p>\n\n\n\n
The increase in fees \u200bhas discouraged H-1B visa requests, according to court filings. As \u200bof Feb. 15, U.S. Citizenship and Immigration Services had received just 85 \u200cpayments \u2060of the $100,000 fee, the administration said in a March filing.<\/p>\n\n\n\n
The administration argued that the fee constituted a monetary penalty that the president had lawful authority to impose under federal immigration \u200blaw to restrict \u200bthe entry of \u2060certain foreign nationals.<\/p>\n\n\n\n
But Sorokin, who was appointed by Democratic President Barack Obama, concluded that \u200bthe fee was not a penalty but a \u200btax that \u2060the Republican president lacked any authorization from Congress to issue.<\/p>\n\n\n\n
\u201cHere, the substance and application of the $100,000 payment reveal that it is \u2060a tax, \u200bregardless of what the payment is \u200bcalled,\u201d he wrote.<\/p>\n\n\n\n
The White House did not immediately respond to a request \u200bfor comment.<\/p>\n\n\n\n