A judge says Trump can’t charge businesses $100,000 to hire H-1B workers

Judge Leo Sorokin decided those fees violated the Constitution and the Administrative Procedure Act. Twenty states filed a lawsuit against the Trump administration over the fees. The judge agreed with the states that the fee is a tax, which the president cannot levy on his own. “The tax can only be levied by Congress, and so he crossed the line when he entered into this area of charging $100,000 for a particular type of visa,” Hing said.

The Trump administration has already said they plan to appeal this ruling. The district court is the lowest-level court in the federal system, with the next stop likely to be the court of appeals.

In the meantime, companies are not required to pay the fee.

As for the companies that have already paid the fee, they will likely seek reimbursement from the government. However, any refunds will likely have to wait until the appeals process is completed, which will take some time.