Washington: In a significant development for skilled foreign workers in the United States, a federal court in Boston, Massachusetts, has struck down the Trump administration’s decision to impose a $100,000 fee on H-1B visa applications, calling the measure unlawful. The ruling comes as a major relief for thousands of professionals, particularly Indians working or seeking employment in the US under the H-1B programme.
The decision contradicts an earlier ruling by a federal court in Washington DC, which had upheld the steep fee increase in a separate case involving the US Chamber of Commerce, according to Hindustan Times.
Before the fee hike was introduced by US President Donald Trump in September last year, employers hiring foreign professionals for specialised jobs generally paid between $2,000 and $5,000 in visa-related charges, depending on several conditions.
What Is The H-1B Visa Programme?
As per the US Department of Labor, the H-1B visa programme allows employers to recruit nonimmigrant foreign workers for specialised occupations or fashion models with distinguished merit and ability.
The programme mainly covers jobs that demand highly specialised knowledge and at least a bachelor’s degree or an equivalent qualification. The Department of Labor states that the programme is intended to help employers fill skill gaps when qualified workers are not available within the US workforce.
Reuters reported that the H-1B programme issues nearly 65,000 visas annually, along with an additional 20,000 visas reserved for applicants holding advanced degrees. These visas are usually granted for a period of three to six years and require renewal after expiry.
Trump Administration’s $100,000 Fee
In September last year, Donald Trump announced a dramatic increase in the H-1B visa application fee, raising it to $100,000. The fee was to be paid by employers sponsoring highly skilled overseas workers to work in the United States.
The move triggered concern among businesses and immigrant communities because it sharply increased the cost of hiring foreign professionals. Earlier, companies typically paid only a fraction of the amount under the existing system.
According to Reuters, US District Judge Leo Sorokin ruled that the fee effectively amounted to a tax, something the president could not impose without authorization from Congress. The judge stated that the Trump administration had exceeded its legal authority in implementing the policy.
Why The Verdict Matters For Indians
The ruling is expected to benefit Indian professionals significantly, as Indians make up one of the largest groups of H-1B visa holders in the United States. Many Indian IT and technology workers were expected to be heavily affected after the fee increase was announced.
The court’s decision is likely to ease concerns among both employers and employees dependent on the H-1B visa route for skilled employment opportunities in the US.
Hindustan Times reported that the fresh ruling from the Boston federal court has provided relief to thousands of highly skilled immigrant workers and employers who rely on the H-1B system.
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