Federal Judge Strikes Down Trump Administration’s H-1B Visa Fee

A federal judge in Boston nullified the Trump administration’s $100,000 fee on new H-1B visas. This decision opposes a previous ruling that had supported the fee increase. The administration initially claimed the fee aimed to protect American jobs from foreign workers. However, U.S. District Court Judge Leo Sorokin sided with 20 states by ruling that the executive branch overstepped its authority and violated the Administrative Procedure Act, which governs federal regulatory development.

Judge Sorokin stated, “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”

H-1B visas cater to high-skilled jobs that have a shortage of American workers. Technology companies, predominantly hiring workers from India, use them extensively. The states argued that the fee hike further complicated hiring for essential roles like doctors and teachers. These visa applications already cost several thousand dollars, and the increase led to confusion and lawsuits from employers, students, and workers.

The U.S. Chamber of Commerce also filed a lawsuit in Washington, D.C., and appealed a summary judgment denial opposing the fee hike. Meanwhile, another lawsuit emerged in San Francisco, involving religious and labor groups, indicating a potential for varied decisions across different appellate court circuits.

Massachusetts Attorney General Andrea Joy Campbell stated, “Today’s victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in critical sectors like education, healthcare, and medical research.” She highlighted the importance of filling critical vacancies in higher education sectors across Massachusetts.

“A victory for patients,” remarked Bobby Mukkamala, President of the American Medical Association. He emphasized the necessity to remove obstacles in recruiting skilled medical professionals, especially given physician shortages and limited care access in various communities.

The Department of Homeland Security expressed disagreement, labeling the decision as “blatant judicial activism” undermining President Trump’s immigration reform initiatives. Homeland Security Secretary Markwayne Mullin’s statement emphasized reforming the immigration system to benefit American citizens and preserve national identity.

White House spokesperson Taylor Rogers voiced confidence that the order will be overturned on appeal.