A US federal court has declared the $100,000 application fee for new H-1B visas, introduced by President Donald Trump, to be unlawful. This ruling is a significant setback to the Trump administration’s immigration policy efforts. The decision came from Judge Leo Sorokin, who heard a lawsuit filed by a group of state attorneys general. The court determined that the fee functioned as a tax, which the president lacked the congressional authority to implement.
Judge Sorokin concluded that federal agencies tasked with processing H-1B visas were not legally allowed to enforce the fee, stating that the policy overstepped executive powers. He also highlighted potential negative impacts on critical sectors like healthcare and education, which depend significantly on skilled foreign professionals. The Trump administration has announced plans to appeal the decision, maintaining confidence that the ruling will ultimately be reversed.
The H-1B visa program enables US employers to hire highly skilled foreign workers for specialized roles. Annually, 65,000 visas are made available under the standard quota, with an additional 20,000 visas set aside for applicants with advanced degrees. Indian professionals represent the largest group of H-1B visa recipients. Prior to the introduction of the $100,000 fee, employers typically incurred several thousand dollars in processing and filing costs.
The controversial fee was part of the Trump administration’s strategy to reduce dependence on foreign labor and promote the hiring of American workers. However, the recent court ruling prevents the enforcement of this fee unless it is overturned through the appeal process.