By Chen Wanzhen / Comprehensive Foreign News Report
▲ Trump's visa fee was ruled unconstitutional. (Photo / AP via Dazhi Images)
A U.S. federal judge ruled on the 8th that President Trump's executive order signed last September, requiring employers to pay $100,000 (approximately NT$3.18 million) in fees for H-1B work visa applicants, is unconstitutional, bringing a turnaround for the Silicon Valley industry that relies on overseas tech talent. However, the Trump administration is expected to appeal.
According to Reuters and other foreign media, Boston federal district judge Leo Sorokin issued a 42-page ruling on the 8th, declaring the H-1B visa application fee implemented by the Trump administration last September via presidential proclamation invalid.
Judge: The fee is essentially a tax; taxation power belongs to Congress
Sorokin pointed out that the payment "regardless of what it is called, its substance and operation clearly show it is a tax," but according to the U.S. Constitution, the power to tax belongs exclusively to Congress, and the President has no such authorization.
The lawsuit was jointly filed by attorneys general from 20 Democratic-led states. In his ruling, Sorokin determined that the Immigration and Nationality Act cited by the Trump administration does not grant the President the power to tax, and thus the policy violates both the Administrative Procedure Act and the Constitution. He also cited a Supreme Court precedent that overturned Trump's tariffs as a basis.
Fee skyrocketed 20 to 50 times; Trump claims to protect domestic workers
Trump originally raised the H-1B application fee from a maximum of $5,000 to $100,000, an increase of 20 to 50 times, arguing that the current system was being abused by companies using lower-paid foreign workers to replace American workers. Commerce Secretary Howard Lutnick at the time claimed that tech giants also "supported" the move, urging companies to shift to training domestic talent.
However, tech industry figures including Tesla CEO Elon Musk had already warned that there is insufficient domestic talent in the U.S. to meet the hiring needs of the tech sector. Data shows that Amazon alone received over 10,000 approved H-1B visas in the first half of last year, while Microsoft and Meta each had over 5,000. The tech industry's reliance on the program far exceeds that of other sectors.
The H-1B visa program was established in 1990, issuing about 85,000 slots annually through a lottery, allowing companies to hire overseas professionals for up to six years. About two-thirds of the positions are in computer-related fields, and Indian nationals account for about three-quarters of applicants.
