June 11, 2026
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11:18Now PlayingAttorneys Brian Kabateck and Shant Karnikian cover the ruling by Judge Leo Sorokin vacating Trump's $100,000 H-1B visa fee "in its entirety." The fee, announced by proclamation in September 2025, raised the cost of sponsoring a skilled foreign worker from a few thousand dollars to six figures. Only 85 employers paid it. Twenty states led by California AG Rob Bonta sued, arguing it was an unauthorized tax, not a fee. Sorokin agreed in a 42-page opinion: "The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called." The president has no power to impose taxes without Congress. Sorokin cited the Supreme Court's tariff ruling, which found that executive-imposed charges "amount to taxes for the purposes of the Constitution's Taxing Clause." Brian and Shant note the pattern: tariffs, this fee, and other mechanisms where Trump uses pricing to accomplish what he can't get through legislation. The H-1B program provides 65,000 visas annually for doctors, researchers, engineers, and tech workers in roles employers can't fill domestically. Bonta called it "an attack on America's ability to attract and retain the high-skilled talent that strengthens our economy."
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