Judge blocks Trump's $142,000 H-1B skilled worker visa fee

A U.S. federal judge has overturned a significant fee increase for new H-1B high-skilled worker visas, a policy championed by former President Donald Trump. U.S. District Court Judge Leo Sorokin in Boston ruled on Monday that the executive branch overstepped its authority and violated the Administrative Procedure Act by imposing the $100,000 ($142,000) fee. The Trump administration had introduced the substantial fee in September, aiming to deter foreign workers from taking American jobs. However, the judge found that the policy effectively acted as a tax on H-1B petitions without explicit congressional approval. The H-1B visa program is designed to fill high-skilled positions for which American workers are scarce. Technology companies are major users, with a large proportion of visas going to workers from India. The states that challenged the policy argued it hindered their ability to hire essential professionals, including primary and secondary school educators, university staff, and medical workers. They contended that filling these vacancies was already challenging before the fee hike. The ruling is a significant win for these states and organizations like the American Medical Association, which argued that the fee created unnecessary barriers to attracting talented physicians and other skilled professionals. The AMA president called the decision "a victory for patients," emphasizing the need to remove obstacles to care amid nationwide physician shortages. This decision contrasts with an earlier federal court ruling that had upheld the fee, setting up potential further legal battles.

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The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress