A federal court in the United States has deemed unlawful a $100,000 application fee for new H-1B visas, which had been imposed by President Donald Trump. This decision represents a significant blow to the administration’s efforts to reshape immigration policy. The ruling, delivered by Judge Leo Sorokin, came in response to a legal challenge mounted by a group of state attorneys general. The court concluded that the hefty fee functioned as a tax, which the president lacked the authority to implement without congressional approval.
In his judgment, Judge Sorokin asserted that federal agencies responsible for handling H-1B visas could not lawfully enforce the fee. He argued that the policy overstepped the bounds of executive power and highlighted its potential negative impact on critical sectors like healthcare and education, both of which depend heavily on skilled foreign workers. Despite the court’s decision, the Trump administration has announced its intention to appeal, expressing belief that the ruling will ultimately be reversed.
The H-1B visa program is an essential pathway for U.S. employers to recruit highly skilled foreign professionals in specialized fields. Annually, 65,000 visas are made available under the standard cap, with an additional 20,000 allocated for applicants holding advanced degrees. Prior to the contested fee, employers were already incurring several thousand dollars in processing and filing expenses.
Indian professionals make up a large proportion of H-1B visa holders. The introduction of the $100,000 fee was part of the Trump administration’s broader strategy to reduce reliance on foreign labor and promote the hiring of American workers. However, the federal court’s decision prevents the enforcement of this controversial charge unless it is overturned through the appeal process.