The White House is planning to appeal after a federal judge invalidated President Donald Trump’s policy imposing a $100,000 fee on H-1B visas. White House spokeswoman Taylor Rogers defended Trump’s authority to restrict entry for certain aliens, citing national interests. The judge ruled that the administration overstepped its powers by imposing an unauthorized tax.
The judge’s ruling, which struck down the policy nationwide, criticized the administration for implementing a tax without congressional approval. The court rejected the argument that broad presidential powers in immigration law justified the fee. The proclamation signed by Trump in 2025, requiring an additional $100,000 for new H-1B petitions, was specifically challenged in the ruling.
The court found that the immigration statutes cited did not grant the President the authority to levy such a charge. It also faulted the agencies for bypassing rulemaking procedures and failing to justify the fee adequately. The policy implementing the proclamation was declared unlawful and vacated entirely by the judge.
The White House has not specified the timing of the appeal but intends to defend the measure as part of efforts to tighten oversight of the H-1B program.
