Story perspectives

Judge Questions Trump's $100K H-1B Fee Authority

5/30/2026

Summary

Story summary

Judge Leo Sorokin questioned President Donald Trump’s authority to impose a $100,000 H-1B fee.
California Attorney General James Richardson said the $100,000 fee is an unconstitutional tax lacking congressional authority, citing a Supreme Court ruling on Trump’s tariffs.
As of February 15, U.S. Citizenship and Immigration Services (USCIS) had received 85 payments of the $100,000 fee.
DOJ lawyer Tiberius Davis argued the president’s broad immigration powers could permit similar fees.

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Story summary

Judge Leo Sorokin questioned President Donald Trump’s authority to impose a $100,000 H-1B fee.
California Attorney General James Richardson said the $100,000 fee is an unconstitutional tax lacking congressional authority, citing a Supreme Court ruling on Trump’s tariffs.
As of February 15, U.S. Citizenship and Immigration Services (USCIS) had received 85 payments of the $100,000 fee.
DOJ lawyer Tiberius Davis argued the president’s broad immigration powers could permit similar fees.