A US federal judge has struck down a controversial rule introduced by President Donald Trump’s administration that imposed a $100,000 fee on certain H-1B visa applications, ruling that the measure was unlawful and exceeded the government’s statutory authority.
The decision came after legal challenges from business groups and immigration advocates who argued that the fee was arbitrary, excessive and unsupported by existing immigration laws. The court held that the administration did not have the power to impose such a significant charge without explicit approval from Congress.
The policy, announced as part of a broader effort to tighten employment-based immigration rules, sought to levy a $100,000 fee on specific H-1B visa petitions. Supporters of the measure had argued that it would discourage misuse of the visa programme and prioritise the hiring of American workers.
However, critics contended that the fee would have severely increased costs for employers, particularly technology companies, healthcare institutions and research organisations that rely on highly skilled foreign professionals. They warned that the rule could discourage global talent from seeking employment in the United States and hurt the country’s competitiveness.
In his ruling, the judge concluded that federal immigration statutes did not authorise the administration to impose a fee of such magnitude. The court found that agencies must operate within powers granted by Congress and cannot create major financial obligations without clear legislative backing.
The judgment is expected to provide relief to employers that regularly use the H-1B programme to recruit skilled workers in fields such as information technology, engineering, finance and healthcare. Immigration experts said the ruling removes uncertainty surrounding visa-related costs and reinforces limits on executive authority in immigration matters.
The H-1B visa programme remains a crucial pathway for foreign professionals seeking to work in the United States. Indian technology professionals account for a significant share of H-1B beneficiaries, making developments related to the programme closely watched in India.
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