Federal Court Overturns H-1B Visa Fee Increase
A federal judge in Boston has invalidated a substantial fee hike on H-1B visas initiated by the Trump administration. The $100,000 fee on new H-1B visas, which a previous federal court had upheld, was deemed unlawful by U.S. District Court Judge Leo Sorokin. This decision was made in favor of 20 states that challenged the fee increase.
Judge Sorokin ruled that the executive branch overstepped its authority, violating the Administrative Procedure Act. “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” he stated. The fee was originally introduced to discourage foreign workers from occupying jobs meant for American citizens.
H-1B visas are designated for high-skilled positions that are hard to fill with American workers. Predominantly utilized by major technology firms, approximately 75% of these visa approvals are granted to Indian workers. The states argued that the fee increase would exacerbate difficulties in recruiting essential professionals such as doctors and teachers.
The fee increase had previously caused confusion among employers, students, and workers both in the U.S. and abroad, sparking multiple lawsuits. In addition to the Boston case, the U.S. Chamber of Commerce filed a lawsuit in Washington, D.C., contesting the fee hike. Despite a denial of summary judgment in their favor, the Chamber intends to appeal.
Massachusetts Attorney General Andrea Joy Campbell highlighted the ruling’s significance, stating, “Today’s victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research.” The ruling is seen as a means to alleviate hiring challenges in Massachusetts’s educational and healthcare sectors.
Bobby Mukkamala, president of the American Medical Association, endorsed the decision, calling it “a victory for patients.” He emphasized the importance of international medical graduates in addressing physician shortages, particularly in underserved areas.
In contrast, the Department of Homeland Security criticized the ruling, claiming it undermines President Trump’s immigration reform efforts. A spokesperson for the White House expressed confidence that the decision would be overturned on appeal, reiterating the administration’s stance on prioritizing American workers and families.
