Washington: A US federal court has struck down the Trump administration’s H-1B visa policy, declaring the controversial $100,000 visa fee for highly skilled foreign workers unlawful.

According to US media reports, Federal Judge Leo Sorokin ruled that the $100,000 fee imposed by President Donald Trump’s administration on H-1B visa applicants amounted to an unauthorized tax and therefore violated US law.

In his decision, Judge Sorokin stated that the fee functioned as a tax rather than a standard administrative charge. Since the US Constitution grants Congress the exclusive authority to impose taxes, neither the State Department nor immigration authorities had the legal power to enforce such a fee without Congressional approval.

The court emphasized that Congress had never authorized the implementation of the $100,000 charge, making the policy legally invalid.

The policy, announced in 2025, required applicants seeking new H-1B visas to pay an additional fee of $100,000. The Trump administration argued that the measure was intended to protect American jobs and reduce reliance on foreign workers.

However, the policy faced significant opposition. More than 20 US states, including California, challenged the measure shortly after its announcement, arguing that it exceeded presidential authority and imposed an unreasonable financial burden on employers and skilled workers.

During the court proceedings, the judge reiterated that the fee constituted a tax under constitutional standards and could only be introduced through legislation approved by Congress. As a result, the administration’s unilateral action was deemed unlawful.

Following the ruling, the US Department of Homeland Security criticized the decision, describing it as an example of judicial activism.

Traditionally, H-1B visa application fees have been limited to a few thousand dollars. The introduction of a $100,000 surcharge represented a dramatic increase that sparked widespread debate among businesses, immigration advocates, and state governments.

The H-1B visa program allows US companies to hire highly skilled foreign professionals in specialized fields such as information technology, engineering, science, and healthcare. Thousands of professionals from countries including India, Pakistan, and others benefit from the program each year.