Can Trump Charge $100,000 for an H-1B Visa? US Judge Presses Government on Scope of Presidential Powers

A federal judge has questioned the extent of President Donald Trump's authority to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers, raising concerns about whether there are any legal limits to such powers.

US District Judge Leo Sorokin heard arguments on Friday in Boston in a lawsuit brought by 20 Democratic state attorneys general challenging the fee, which Trump announced in September. The measure dramatically increased the cost of obtaining H-1B visas, a programme widely used by US companies to recruit specialised foreign talent.

The H-1B programme provides 65,000 visas annually, along with an additional 20,000 visas for workers holding advanced degrees. These visas are generally granted for periods ranging from three to six years. Before Trump's proclamation, employers typically paid between $2,000 and $5,000 in fees to sponsor a foreign worker, depending on various factors.

The sharp increase appears to have significantly reduced demand. According to a March court filing, US Citizenship and Immigration Services had received only 85 payments of the $100,000 fee as of February 15.

"The effect is to incentivise companies to train and hire American workers," Tiberius Davis, a lawyer representing the US Department of Justice, told the court.

Davis argued that Trump acted lawfully under his broad authority under federal immigration law to restrict the entry of foreign nationals whose presence could be deemed detrimental to US interests.

"It's clearly broad language," Judge Sorokin acknowledged.

However, the judge repeatedly pressed the government on whether its interpretation of the law imposed any meaningful limits on presidential power. He questioned whether the same legal theory could allow a president to impose a $100,000 fee on Americans seeking to marry non-citizens or require companies sponsoring foreign workers to surrender 10 per cent of their equity to the government.

"I'm trying to understand the government's position on the scope," Sorokin said.

Davis responded that such hypothetical measures could potentially fall within the president's authority to regulate the entry of non-citizens. "It's a very sweeping power," he said.

The government urged Sorokin to follow the reasoning of US District Judge Beryl Howell in a related case brought by the US Chamber of Commerce in Washington, DC. Howell previously concluded that Trump's broad immigration powers gave him the authority to impose the fee.

James Richardson, representing California, argued that the administration had effectively imposed an unconstitutional $100,000 tax on H-1B visa applications without congressional approval. He maintained that Congress had never delegated its taxing authority through immigration legislation.

Richardson also pointed to a US Supreme Court ruling issued in February that struck down Trump's sweeping tariffs imposed under a law intended for national emergencies. He argued that the decision provided a strong precedent for finding the H-1B fee unlawful.

"Congress does not delegate tax authority in ambiguous language," Richardson told the court.

Judge Sorokin did not immediately rule on the matter. The case, State of California et al v. Mullin, is being heard in the US District Court for the District of Massachusetts.

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