A recent decision by a US federal court has struck down a $100,000 application fee for new H-1B visas, introduced by President Donald Trump, as unlawful. The ruling represents a significant setback for the administration’s immigration policy, which sought to impose this hefty charge on employers seeking to hire highly skilled foreign workers.
The judgment was delivered by Judge Leo Sorokin, following a lawsuit filed by a coalition of state attorneys general. The court determined that the application fee functioned as a tax, which the president lacked congressional authority to implement. Judge Sorokin emphasized that the fee exceeded the bounds of executive power, and federal agencies tasked with processing H-1B visas were deemed unable to enforce it legally. He also highlighted the potential adverse effects on critical sectors, such as healthcare and education, which depend heavily on skilled international professionals.
The Trump administration has indicated plans to appeal the decision, with officials expressing confidence that the ruling will ultimately be overturned. The H-1B visa program is crucial for US employers in specialized fields, allowing them to hire a limited number of highly skilled foreign workers each year. Annually, 65,000 visas are available under the standard cap, with an additional 20,000 set aside for applicants with advanced degrees. Indian professionals represent the largest group of recipients in this category.
Prior to the introduction of the fee, employers typically incurred several thousand dollars in costs related to processing and filing H-1B visa applications. The $100,000 charge was seen as part of a broader initiative to reduce dependency on foreign labor and promote the hiring of American workers. However, with the court’s decision, this controversial fee cannot be imposed unless the ruling is overturned through the appeals process.