Federal Judge Overturns Trump Administration’s H-1B Visa Fee Increase
In a significant legal decision, a federal judge in Boston has invalidated a controversial $100,000 fee imposed on new H-1B visas, a measure introduced by the Trump administration to deter foreign workers from filling American jobs. This judgement marks a stark reversal from a previous court ruling that upheld the fee hike.
Judge Leo Sorokin of the U.S. District Court ruled in favor of 20 states challenging the fee, stating that the executive branch had overstepped its authority and breached the Administrative Procedure Act, which outlines the processes for federal agencies to formulate and implement regulations.
“The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” Sorokin noted in his ruling. H-1B visas cater to high-skilled jobs that American workers are often unavailable to fill, with tech companies and workers from India being the largest contributors to this visa category. The states contended that the increased fee would exacerbate existing difficulties in recruiting essential professionals like doctors and educators.
Prior to the fee increase, H-1B visa applications already cost several thousand dollars. The announcement of the hike sparked confusion and concern among employers, students, and workers both in the U.S. and abroad, resulting in multiple lawsuits, including one in Boston.
Meanwhile, the U.S. Chamber of Commerce has also pursued legal action in Washington, D.C., appealing a denial of a summary judgment against the fee. The fee remains effective until September 2026 unless further judicial decisions alter its status. Additionally, another lawsuit has been filed in San Francisco, raising the prospect of varied rulings across different appellate court circuits.
In the Boston case, the states argued that the policy would hinder their ability to recruit educators and medical professionals, stymie academic research, and lead to a decline in healthcare workers. 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 vital industries like education, healthcare, and medical research.” She added that this ruling would help fill critical vacancies and recruit top-notch faculty and researchers in Massachusetts.
Bobby Mukkamala, president of the American Medical Association, hailed the ruling as “a victory for patients,” emphasizing the need to eliminate barriers to attracting talented professionals, especially in underserved and rural areas.
The Department of Homeland Security expressed its disagreement with the judgment, dismissing it as “blatant judicial activism” that undermines President Trump’s immigration reform efforts. A statement from the department emphasized that the immigration system under Trump was being reformed to benefit American citizens and workers, not to “rapidly import foreigners who take American jobs.” In contrast, White House spokesperson Taylor Rogers expressed confidence that the order would be overturned on appeal.
