A US federal judge has struck down President Donald Trump’s $100,000 fee on new H-1B visas, handing a major victory to businesses, universities and thousands of highly skilled foreign workers, including Indians who make up the largest share of H-1B visa holders.
US District Judge Leo Sorokin ruled on Monday that Trump did not have the authority to impose the massive fee without approval from Congress. The judge declared the measure unlawful and ordered it to be invalidated.
The decision is a setback for the Trump administration’s efforts to tighten employment-based immigration and make it more difficult for US employers to hire foreign talent.
US COURT REJECTS TRUMP’S VISA FEE
Trump announced the fee in September as part of an immigration crackdown. His administration argued that the measure would discourage companies from relying on foreign workers and encourage the hiring of Americans.
Before the change, employers typically paid between roughly $2,000 and $5,000 in H-1B-related fees.
Judge Sorokin sided with California and 19 other Democratic-led states that challenged the policy in court. The states argued that the president lacked the legal authority to create such a fee on his own.
The ruling is one of several legal setbacks facing the policy. Separate lawsuits have also been filed by the US Chamber of Commerce, business groups and employers that rely heavily on skilled foreign workers.
The Donald Trump administration is expected to appeal the decision.
WHY THE RULING MATTERS FOR INDIANS
The H-1B programme is one of the most important pathways for highly skilled Indians to work in the US. It allows US companies to hire foreign professionals specialised in technology, engineering, healthcare and finance.
Indian nationals consistently receive the majority of H-1B visas issued each year.
The H-1B visa remains a cornerstone of the US immigration system for skilled workers. The programme issues 65,000 visas annually, along with an additional 20,000 visas for applicants holding advanced degrees from US institutions. According to immigration advocacy group FWD.us, there are around 730,000 H-1B visa holders currently living in the US, along with roughly 550,000 dependents, including spouses and children.
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With inputs from agencies