Federal Court Overturns Trump’s $100,000 H-1B Visa Fee, Deemed Unlawful
Major blow to Trump’s immigration policy: Federal court strikes down $100,000 H-1B visa fee, calls it ‘unlawful’
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A US federal court has invalidated President Trump's $100,000 fee on H-1B visas, ruling it an unlawful tax. This decision, prompted by a lawsuit from 20 Democratic state attorneys general, is expected to benefit employers and skilled foreign workers, particularly from India.
- 01US District Judge Leo Sorokin ruled the $100,000 fee on H-1B visas is an unlawful tax not approved by Congress.
- 02The H-1B program issues 65,000 visas annually, with an additional 20,000 for advanced degree holders.
- 03Prior to the fee hike, employers paid between $2,000 and $5,000 for H-1B applications.
- 04The court found that the increased fee discouraged applications, with only 85 payments received as of mid-February.
- 05The ruling may significantly impact Indian professionals, who represent a large portion of H-1B visa holders.
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In a significant setback for President Donald Trump's immigration policy, a US federal court has struck down the administration's imposition of a $100,000 fee on new H-1B visas, labeling it an unlawful tax. The ruling, delivered by US District Judge Leo Sorokin in Boston, came after a lawsuit from 20 Democratic state attorneys general challenged the fee, which was introduced in September. The H-1B visa program, essential for skilled foreign workers, particularly from India, had previously charged employers fees ranging from $2,000 to $5,000. The court's decision is expected to alleviate burdens on employers and foreign workers, as the exorbitant fee had already led to a 38.5% drop in applications for the fiscal year 2027. Judge Sorokin emphasized that the President lacks the authority to levy such a tax without Congressional approval. The ruling leaves the Trump administration to consider whether to appeal or modify the H-1B program further. This decision is particularly relevant for Indian professionals, who constitute a significant portion of H-1B visa holders in the US.
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The ruling is expected to restore confidence among employers in hiring foreign workers under the H-1B program, particularly benefiting skilled professionals from India.
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