Judge Overturns H-1B Visa Fee Hike by Trump Administration
A federal judge in Boston, Leo Sorokin, invalidated the Trump administration’s decision to impose a $100,000 fee on new H-1B visas. This decision counters a previous ruling that upheld the fee increase.
The Trump administration proposed this fee to discourage foreign workers from taking American positions. Judge Sorokin concluded that this policy went beyond executive authority and violated the Administrative Procedure Act. “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin stated.
H-1B visas cater to high-skilled employment roles, often unfilled by American workers. Technology giants extensively use these visas, with nearly 75% of approvals going to Indian applicants. Increasing the fee exacerbated challenges in hiring foreign professionals essential for sectors like healthcare and education. Prior to the hike, H-1B applications already involved costs amounting to several thousand dollars, causing confusion and legal challenges.
Opposition to the fee came from various states, which claimed that the policy hampered their educational and healthcare staffing needs. They argued it would hinder hiring in public schools, universities, and medical sectors. “Today’s victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages,” stated Massachusetts Attorney General Andrea Joy Campbell. In Massachusetts, the decision ensures filling critical roles with top-tier faculty and researchers.
The U.S. Chamber of Commerce filed a lawsuit contesting the fee in Washington, D.C., but faced a setback with a ruling in favor of the fee. They have since appealed. A separate legal case in San Francisco involves religious and labor groups, leading to potential differences in legal opinions across circuits.
Bobby Mukkamala, president of the American Medical Association, praised the ruling as beneficial for patient care. “At a time when communities across the country face physician shortages, we should be removing obstacles to attract talented physicians and other highly skilled professionals,” Mukkamala emphasized.
The Department of Homeland Security criticized the ruling, describing it as “blatant judicial activism.” They maintained that under Trump and Secretary Markwayne Mullin, reforms aimed to protect American jobs and identity, preventing rapid foreign workforce inflow. The White House expressed confidence that this order could be overturned on appeal.