H-1B: Indian diaspora groups welcome US court ruling against $100k visa fees
Virendra Pandit
New Delhi: Indian diaspora advocacy groups in the United States have welcomed a federal court ruling that struck down the controversial USD 100,000 fee imposed on new H-1B visa applications, describing the decision as a significant victory for skilled professionals, employers and the broader innovation ecosystem, the media reported on Tuesday.
The ruling was delivered by US District Judge Leo Sorokin in Massachusetts, who held that the fee introduced last year by the Trump administration amounted to a tax that lacked congressional authorization and was, therefore, unlawful. The court invalidated the measure, which had dramatically increased H-1B application costs from the usual range of a few thousand dollars to USD 100,000.
Indian-American organizations said the judgment restores predictability and fairness to the immigration system and helps preserve America’s ability to attract global talent. The groups argued that the fee would have created significant barriers for employers seeking highly skilled workers and negatively impacted sectors such as technology, healthcare, education, and research.
India remains the largest beneficiary of the H-1B visa programme, accounting for more than 70 per cent of approved visa holders. The programme is widely used by US companies to recruit highly skilled foreign professionals, particularly in science, technology, engineering and mathematics (STEM) fields.
The lawsuit challenging the fee was filed by California and 19 other states, which argued that the measure would worsen labour shortages and hinder access to global talent. The court agreed that the executive branch lacked the authority to impose such a fee without approval from US Congress.
While the Trump administration has indicated it plans to appeal the ruling, diaspora groups said the judgment sends a strong signal that immigration-related fees must comply with constitutional and statutory limits. The decision is expected to provide relief to thousands of employers and prospective H-1B applicants, particularly Indian professionals seeking opportunities in the United States.
US District Court judge Leo Sorokin in Boston, Massachusetts, said in a ruling that the policy imposes a tax on H-1B petitions without the requisite delegation by the Congress.
Chief of Policy and Strategy at the Foundation for India and Indian Diaspora Studies (FIIDS), Khanderao Kand said, the court’s decision restores predictability and fairness to the employment-based immigration system. Executive Director of Indiaspora, Sanjeev Joshipura, said all stakeholders connected with H-1B visas will heave a sigh of relief after the court order.
The H-1B programme is one of the most sought-after US work visas that allows American companies to hire skilled global talent. Trump’s order proposing a USD 100,000 annual fee per H-1B worker left many uncertain about visa reforms and new requirements.
