Washington: A federal judge has struck down the Trump administration’s $100,000 fee on new H-1B visas, ruling that the measure exceeded executive authority and violated federal law.
The decision, issued by U.S. District Court Judge Leo Sorokin in Boston, contradicts an earlier federal court ruling that had upheld the fee increase. The judge sided with a coalition of 20 states, finding that the policy imposed what amounted to a tax without proper authorisation from Congress.
“The Court finds that the policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin said in his ruling.
The Trump administration had introduced the significantly higher fee as part of efforts to limit the hiring of foreign workers and prioritise American jobs.
Impact on workforce and employers
H-1B visas are designed for highly skilled professionals in sectors where employers face shortages of domestic talent, including technology, healthcare and education.
Critics of the fee increase argued that it made it more difficult to fill essential roles such as doctors and teachers, particularly in states already facing labour shortages.
Technology companies are among the largest users of the programme, with a substantial share of visas granted to workers from India.
Wider policy context
The ruling comes amid a broader push by the administration to tighten immigration policies. Measures have included stricter visa requirements, enhanced background checks, and financial barriers for applicants.
Separately, the U.S. State Department is preparing to introduce a premium expedited visa service, allowing applicants to pay an additional $750 fee to secure interview appointments within 10 days at selected embassies and consulates.
The pilot programme is expected to run from 1 July to 31 December.
Political developments
In a separate announcement, President Donald Trump said he plans to nominate Todd Blanche as Attorney General, following his role as acting head of the Department of Justice.
The administration is also facing pressure regarding the potential lapse of Section 702 of the Foreign Intelligence Surveillance Act, which allows U.S. agencies to collect foreign intelligence without a warrant. Lawmakers have warned of a possible gap in intelligence gathering if the provision is not renewed.
Public reaction and outlook
The court’s decision marks a significant setback for the administration’s efforts to restrict visa access through financial measures.
While the ruling removes the immediate fee barrier for H-1B applicants, broader immigration policies remain under scrutiny, and further legal and political challenges are expected.