The Trump administration is appealing a judicial ruling that blocked the new $100,000 fee for H-1B visas.
The appeal also includes a request to the judge who handed down the ruling to stay his decision while the appeal is considered.
Lawyers for the Trump administration filed their appeal against the decision made by US District Judge Leo Sorokin on Monday.
Sorokin ruled that the fee amounts to a tax imposed without delegation from Congress.
Officials said in a memo in support of their motion that, absent a stay, the ruling could enable thousands of immigrants to enter the country without paying the fee.
“The Court’s order thus threatens American workers’ wages and jobs, undermining the American economy and national security,” lawyers stated.
“This Court should immediately stay its order.”
The Department of Justice disputes that the payment constitutes a tax, claiming instead that it is “justified under the immigration and commerce powers.”
President Donald Trump “has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did,” Taylor Rogers, a White House spokeswoman, told The Epoch Times in an email.
“The H-1B program has been abused for decades, and President Trump finally took action to fix it. A federal judge in Washington already upheld a nearly identical order, and the Administration is confident this order will be reversed on appeal.”
The case was brought by Massachusetts and 19 other states.
Massachusetts Attorney General Andrea Joy Campbell said the ruling “protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research.”
The $100,000 fee was upheld in a separate case in 2025.
One Response
Trumps decision is better than giving them $100,000 and a cheap motel or convenience store to come here.