Federal judge rules Trump-era measure unlawful, easing concerns for employers and skilled professionals, particularly from India
Indian diaspora organisations across the United States have welcomed a federal court ruling that struck down a controversial $100,000 fee imposed on certain new H-1B visa applications, describing the decision as a major victory for skilled workers, employers and the US innovation economy.
The ruling was issued by US District Judge Leo Sorokin in Boston, who found that the fee introduced under the administration of Donald Trump amounted to a tax that lacked authorisation from Congress. The decision invalidates a measure that had increased H-1B application costs from a few thousand dollars to $100,000 for certain new petitions filed from abroad.
The judgment carries particular significance for India, which accounts for more than 70 per cent of H-1B visa recipients each year. Industry groups and immigration advocates argued that the fee would have severely restricted opportunities for Indian engineers, software developers, artificial intelligence specialists, researchers, healthcare workers and academics seeking employment in the United States.
-
The legal challenge was brought by a coalition of 20 states led by New York and California, which argued that the policy would worsen labour shortages and make it harder for universities, hospitals, research institutions and businesses to recruit highly skilled professionals
-
The court agreed that the executive branch lacked the authority to impose such a charge without congressional approval
Healthcare and education groups also backed the challenge, warning that the fee threatened recruitment in sectors already facing workforce shortages. Supporters of the ruling say it restores stability to the immigration system and helps preserve America’s ability to attract global talent.
The Trump administration has indicated it intends to appeal the decision. However, for now, employers can once again submit new H-1B applications without the additional six-figure charge, providing immediate relief to thousands of businesses and prospective applicants.
