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Federal judge rules Trump’s $100,000 fee for H-1B visas unlawful (www.theguardian.com)

submitted 20 hours ago* (last edited 20 hours ago) by MicroWave@lemmy.world to c/news@lemmy.world

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President dramatically raised cost of visa for highly skilled workers in executive order last year

A US judge has invalidated Donald Trump’s $100,000 annual fee on H-1B visa applications, ruling it an unlawful tax that violated federal administrative law and the constitution.

US district judge Leo Sorokin in Boston issued the 42-page ruling in a lawsuit filed by 20 Democratic state attorneys general challenging a fee Trump announced in September that dramatically raised the cost of obtaining H-1B visas.. The ruling vacated the sweeping fee, which was a 20-to-50 fold increase on existing rates, and the Trump administration is widely expected to appeal.

In his ruling, Sorokin’s found that the fee amounted to a tax, rather than a regulatory restriction. Since the constitution gives Congress, not the president, the exclusive power to levy taxes, Trump lacked the authority to impose it.

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[-] auzy1@lemmy.world 2 points 1 hour ago

The point is to look like he's doing something

Biden/obama would just look at this stuff and say it's illegal after examining it

Trump however can pretend like he used that same time to do something productive. And, it keeps the Epstein files and his defamation case out of the news

[-] NutWrench@lemmy.ml 10 points 6 hours ago

The entire point of H-1B visas is to let companies import cheap labor. Cheap labor can't afford $100,000 "application fees."

[-] krisevol@lemmus.org 3 points 2 hours ago

No, it's only for skilled labor that can't be filled by Americans.

[-] SaveTheTuaHawk@lemmy.ca 2 points 46 minutes ago* (last edited 43 minutes ago)

I held an H1b. It's for people with unique or advanced skills, usually requires an advanced degree, plus job offer and full explanation by employers. It's for STEM grads. Established under the Immigration Act of 1990, the H-1B program enables U.S. employers to temporarily hire highly skilled foreign professionals in specialized occupations, primarily in science, technology, engineering and mathematics (STEM) fields.

Most post-doctoral fellows doing medical research held H1bs, so the fee is redundant because Trump killed the NIH. H1Bs brought higher STEM expertise to the US, whose education system is not producing quality scientists because of the cost of education.

Where the fuck is this thread getting the idea this was for farm workers or skilled trades. Seems like no one here has any idea what an H1B is for.

[-] JcbAzPx@lemmy.world 2 points 2 hours ago

Sure. That's why so many companies were forcing their existing employees to train up cheap h1b workers before mass firing them. Because they couldn't fill them with the Americans that were already doing the job....

[-] TankovayaDiviziya@lemmy.world 2 points 1 hour ago

Immigrants are also more willing to do more overtime than locals, because the locals would generally say "I can't do overtime. I'm going to meet my mom for coffee on Sunday morning". Immigrants are also more likely to do shift work than locals. This isn't just corroborated by studies but i also know firsthand. So indeed, immigrants do the jobs that locals don't want to do.

I get the grievances on the effects of immigration on the job market, especially on the working class, but if everyone looks at the bigger picture, the problem is that each countries have their own rules and standards which are being exploited creating a race to the bottom. Poorer countries are cheap for exploitation, while the working class in richer countries, whose jobs were outsourced, are left hanging dry. The local working class are then outcompeted by desperate immigrants who are being exploited by businesses. In my opinion, if there is only a worldwide harmonisation to prevent the race to the bottom caused by mismanagement (or lack thereof) of globalisation...

[-] tehn00bi@lemmy.world 4 points 8 hours ago

Ok, but, was this really an issue? Like how is having a 100k fee for H-1B visa issuance a problem?

<<< was laid off after training my H-1B visa holding employee. Fuck that program.

[-] SkaveRat@discuss.tchncs.de 3 points 7 hours ago

In his ruling, Sorokin’s found that the fee amounted to a tax, rather than a regulatory restriction. Since the constitution gives Congress, not the president, the exclusive power to levy taxes, Trump lacked the authority to impose it.

[-] Kazel@lemmy.dbzer0.com 7 points 14 hours ago

oh no. like everything that orange fuck does is illegal, no news

[-] nosuchanon@lemmy.world 5 points 8 hours ago* (last edited 8 hours ago)

The issue is that the administration will keep trying their illegal shit until someone stops them in court. Which takes a lot of money and time. All the while they get to do illegal shit.

Look at the stupid taxes/rebate fiasco. Businesses charge more and now get a refund. But the consumers get fucked and now continue to pay the higher prices and therefore companies make even more profits.

Unions and organizing are harder because of globalization, we don’t make shit anymore so who cares if people strike? Industry will just outsource to India or wherever in a heartbeat.

[-] ryathal@sh.itjust.works 24 points 18 hours ago

Shame on those states for siding with corporations over the people of their states. The H1b has become modern day indentured servitude.

[-] stickyprimer@lemmy.world 6 points 13 hours ago

It is, but it doesn’t make it any better for Trump to get a cut of the action. That’s all this would do.

[-] Serinus@lemmy.world 18 points 17 hours ago

Yes, but that's clearly a power controlled by Congress, not the President. If they want that law, pass it through Congress.

[-] ryathal@sh.itjust.works 1 points 6 hours ago

There already was a fee for the visa, increasing it doesn't make it a tax. This isn't a Trump breaking the rules thing, it's a court and politicians ruling for corporations over people thing.

[-] Serinus@lemmy.world 5 points 6 hours ago

It's a fee explicitly set in law by Congress. The president does not have the authority to change that.

[-] W98BSoD@lemmy.dbzer0.com 11 points 18 hours ago

Stopped clock is right twice a day. This was one of them.

[-] stickyprimer@lemmy.world 3 points 13 hours ago

I don’t see this as stopping H1-Bs. I see this as “I want a cut of that action.”

[-] Zedstrian@sopuli.xyz 4 points 18 hours ago

The $100,000 fee is yet another tactic being used to restrict already heavily limited means of legally emigrating to the U.S.

[-] SaveTheTuaHawk@lemmy.ca 1 points 44 minutes ago

H1B has to be renewed annually.

[-] chisel@piefed.social 14 points 17 hours ago

H1Bs are temporary. You can apply for a green card while on an H1B, though that's not the intent. H1Bs bring immigrants in to pay them dirt, suppress wages for citizens, then send them back and bring in the next wave.

Green card application, if you go for it, also requires that you remain in your current position until the multi-year process is done. So promotions are out of the question and goos luck getting any raises. Have an issue with work treating you like a dog? Have fun picking up your family and moving back overseas.

Meanwhile US citizens need to compete with desperate immigrants being paid half as much as an American worker.

[-] Tollana1234567@lemmy.today 1 points 10 hours ago* (last edited 10 hours ago)

the only reason trump is keeping it around because musk and all the tech bros need to replace the layoffs staff.

[-] Serinus@lemmy.world 3 points 17 hours ago

The pay is roughly similar. The law was written to try to prevent that part.

It's the near slavery and coercion part that they get excited about. When Twitter went to shit guess who stayed? The people who would be deported otherwise.

[-] JcbAzPx@lemmy.world 1 points 2 hours ago

The pay is roughly similar.

Not in practice it isn't. It's always significantly lower than what the people they fire to open a spot for it made.

[-] Tollana1234567@lemmy.today 1 points 10 hours ago

oh yea they can fire you and threaten you at any time.

[-] osanna@lemmy.vg 6 points 18 hours ago

Ok and are they going to do anything about it?

[-] Ceruleum@lemmy.wtf 3 points 12 hours ago

Maybe a mildly strongly worded letter?

[-] osanna@lemmy.vg 2 points 12 hours ago

That will probably work. “I strongly suggest you stop being corrupt arseholes….. pwease”

[-] tacosanonymous@mander.xyz 3 points 16 hours ago

So all 8 people that did it get their shit revoked?

Can they sue the administration whilst being deported?

What’s that? Only poors get deported?

this post was submitted on 08 Jun 2026

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