U.S. Judge Strikes Down Trump Administration’s $100,000 H-1B Visa Fee

Boston: A U.S. federal judge on Monday struck down the Trump administration’s proposed $100,000 fee on new H-1B visa applications, ruling that the policy exceeded executive authority and violated federal administrative law, in a decision that directly contradicts an earlier ruling that had upheld the measure.

The administration had introduced the sharply increased fee as part of an effort to discourage the hiring of foreign workers and prioritize American employment opportunities.

However, U.S. District Judge Leo Sorokin in Boston ruled in favor of a coalition of 20 states challenging the policy. In his decision, he concluded that the executive branch had overstepped its legal authority and failed to comply with the Administrative Procedure Act, which governs how federal agencies create and implement regulations.

“The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Judge Sorokin wrote in his ruling.

The H-1B visa program is designed to allow U.S. employers to hire highly skilled foreign workers in occupations where domestic labor is limited. Technology companies are among the largest users of the program, with nearly three-quarters of approvals historically going to workers from India.

Opponents of the fee increase argued that it would significantly restrict access to critical professionals, including doctors and teachers, and worsen existing labor shortages in key sectors.

The initial announcement of the fee hike had triggered confusion and concern among employers, international students, and foreign workers in the United States and abroad, leading to multiple legal challenges, including the case heard in Boston.