Trump’s $100,000 H-1B visa fee is ‘unlawful’, US court rules
US Court Deems Trump's $100,000 H-1B Visa Fee Illegal
Trump s 100 000 H 1B visa - On Monday, a U.S. court determined that the $100,000 charge imposed by former President Donald Trump on new H-1B visas for skilled foreign workers violates legal standards and must be overturned.
Legal Challenge Against the Policy
Leo Sorokin, a U.S. District Judge in Boston, ruled in a case brought by 20 Democratic state attorneys general who contested the fee introduced in September. The judge highlighted that the policy overstepped the executive’s power and could harm critical industries such as education and healthcare.
"The court finds that the policy imposes a tax on H-1B petitions without the necessary congressional delegation," Sorokin stated, as reported by Bloomberg.
The federal government has announced plans to contest the ruling, which marks a setback for the Trump administration’s efforts to reshape immigration policies.
Details of the H-1B Visa Program
Annually, H-1B visas are allocated to 65,000 foreign professionals, with an additional 20,000 reserved for those holding advanced degrees. These visas typically allow for three-year initial periods, extendable for another three years.
Previously, employers paid between $2,000 and $5,000 for such visas. However, Trump’s new fee of $100,000 aimed to deter companies from hiring international talent, arguing that it would address job displacement by domestic workers.
Over 70% of approved H-1B visas are awarded to professionals from India, according to recent data. The steep fee has made the program financially burdensome for many small businesses, with reports indicating that over 200,000 applicants paid the full amount to expedite their applications.
As of February 15, the U.S. Citizenship and Immigration Services had received just 85 payments under the new fee structure.
About the Author
Majid Alam is the Chief Content Producer at Hindustan Times, based in New Delhi. He oversees online content, manages the homepage, and contributes to writing, editing, and curating news. With six years of experience in journalism, he covers national politics, government policies, and South Asian affairs.
Alam has a focus on the intersection of Hindi media and politics, as well as U.S. and European policies toward India. Before joining Hindustan Times, he worked as Chief Copy Editor at ABP LIVE and managed the World and Explainers sections at News18.
His work has appeared in publications such as Dialogue Earth, The Quint, BMJ, The Diplomat, and Outlook India. Alam is also a National Representative (India) at the OCEANS Network, an alumni group for Erasmus+ scholars. Additionally, he has published a chapter on Bombay Cinema and postmodernism in a research handbook and delivered guest lectures on digital journalism at institutions like AJK MCRC, Jamia Millia Islamia.