US Court Strikes Down Trump-Era H-1B Visa Fee Policy, Boosting Prospects for Foreign Skilled Workers

WASHINGTON: A US federal court has ruled against a policy introduced by President Donald Trump that imposed a $100,000 fee on applications under the H-1B visa program, declaring the measure unlawful.

According to US media reports, Federal District Judge Leo Sorokin found that the Trump administration exceeded its authority by introducing the fee without approval from Congress.

In the 42-page ruling, the court stated that the $100,000 charge effectively amounted to a tax. Under the US Constitution, the authority to impose such taxes rests solely with Congress, not the executive branch.

President Trump had announced the policy in September, requiring companies seeking H-1B visas for foreign workers to pay a $100,000 application fee. The administration argued that the measure was intended to protect American jobs and reduce reliance on foreign labor.

However, 20 US states, including California, challenged the policy in court, arguing that the administration had bypassed the required legal process and acted beyond its constitutional powers.

The court agreed with the states’ arguments and formally invalidated the policy.

In response, the US Department of Homeland Security criticized the ruling, describing it as an example of “judicial activism.”

The H-1B visa program was established by the US Congress in 1990 and allows American companies to hire foreign professionals in specialized fields, particularly technology, engineering, healthcare, and research.

Under current regulations, 65,000 H-1B visas are issued annually, with an additional 20,000 visas available for applicants holding advanced academic degrees.

Before the policy change, companies sponsoring H-1B workers generally paid application fees ranging from $1,700 to $4,500. The Trump administration’s decision to increase the fee to $100,000 has now been overturned by the court.

Experts say the ruling is a significant development for US technology firms, skilled foreign professionals, and prospective H-1B visa applicants, as it removes a major financial barrier to hiring international talent.