Since the H-1B program was introduced in 1990, the visa has been the primary pathway for Silicon Valley companies to take advantage of foreign talent. And vice versa.
All of that is now back in play after a federal judge a $100,000 visa fee this week, which the Trump administration imposed on employers in a September 2025 proclamation.
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U.S. District Court Judge Leo Sorokin concluded the policy was an unauthorized, “arbitrary and capricious” tax.
“The Proclamation expresses concern about the share of foreign workers filling jobs in the science and technology fields, specifically focusing on the IT sector,” Sorokin wrote. “However, [it] fails to consider or discuss these policy concerns as they pertain to other human-services sectors, such as education and healthcare.”
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