What to Know About the Obama-Appointed Judge Who Struck Down Trump’s H-1B Visa Policy
An Obama-appointed judge on Monday blocked the Trump administration policy requiring a $100,000 fee from employers that seek H‑1B visas, or visas for skilled foreign workers.
U.S. District Judge Leo T. Sorokin of the U.S. District Court for the District of Massachusetts issued a 42-page opinion, stating that the fee is an unlawful tax as only Congress has the power to tax. He has previously ruled against other executive actions by President Donald Trump on the issue of immigration.
In December, 20 states led by California sued the Trump administration to block the $100,000 fee, challenging the executive order Trump signed in September.
The Trump administration has argued it was a regulatory fee that the president could lawfully impose to restrict the entry of certain foreign nationals when he deems it “detrimental to the interests of the United States.”
“Defendants offer no definition for what constitutes ‘a regulatory payment,’ cite no cases or statutes employing the term, and advance no reasoned argument explaining how this term encompasses something different than a tax or a penalty,” Sorokin wrote.
About 85,000 new visas are provided annually to hire skilled foreign workers at companies in industries such as technology, finance, hospitals, and universities, The New York Times reported.
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President Barack Obama nominated Sorokin to the bench in December 2013, and the Senate confirmed him in June 2014.
Last month, Sorokin dismissed a Trump Justice Department lawsuit against Boston’s sanctuary policy on illegal immigrants.
In April, Sorokin dismissed a Trump Justice Department lawsuit seeking Massachusetts voter rolls data.
In February 2025, Sorokin issued a temporary injunction to block Trump’s executive order to end birthright citizenship.
White House spokeswoman Taylor Rogers in a statement said the Trump administration is confident Sorokin’s order will be reversed on appeal.
“President 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,” she said.
Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about $2,000 to $5,000 in fees, depending on various factors.
Reuters contributed to this report.
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