A federal judge has ruled against a $100,000 fee imposed on new H-1B visas, siding with states that argued the fee hindered their ability to hire essential workers.
BOSTON (AP) — A federal judge has struck down the Trump administration’s controversial $100,000 fee on new H-1B visas, reversing an earlier court ruling that upheld the fee increase.
The administration had introduced the steep fee as a measure to curb foreign workers’ access to American jobs. However, U.S. District Court Judge Leo Sorokin in Boston ruled in favor of 20 states, declaring that the executive branch had overstepped its authority and violated the Administrative Procedure Act, which outlines the proper processes for federal agencies to create and implement regulations.
Judge Sorokin stated, “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”
The H-1B visa program is designed for high-skilled positions that are hard to fill with American workers. Technology companies, which are the primary users of these visas, account for nearly three-quarters of approvals, with a significant portion going to workers from India. The states involved in the lawsuit argued that the increased fee made it even more challenging to utilize the H-1B program to fill critical roles, such as doctors and teachers, which were already difficult to fill.
Prior to the fee hike, most H-1B visa applications cost several thousand dollars. The announcement of the new fee caused widespread concern among employers, students, and workers both in the U.S. and abroad, leading to multiple lawsuits, including one in Boston.
The U.S. Chamber of Commerce also filed a lawsuit in federal court in Washington, D.C., appealing a denial of a summary judgment against the fee increase. This left the higher fee in effect until its scheduled expiration in September 2026. However, Monday’s ruling serves as a summary judgment that contradicts the previous ruling. Additionally, another lawsuit has been filed in federal court in San Francisco by religious groups and labor organizations, raising the potential for conflicting rulings across three appellate court circuits.
In the Boston case, the states contended that the fee policy would hinder their efforts to hire primary and secondary school educators, staff public colleges and universities, and negatively impact academic research and the availability of medical professionals.
Massachusetts Attorney General Andrea Joy Campbell hailed the ruling as a significant victory, stating, “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. In Massachusetts, this win will ensure we can fill critical vacancies and hire world-class faculty and researchers at colleges and universities across the Commonwealth.”
Bobby Mukkamala, president of the American Medical Association, also praised the ruling, calling it “a victory for patients.” He emphasized the importance of removing barriers to attract talented physicians, particularly in underserved and rural areas, stating, “At a time when communities across the country face physician shortages and growing barriers to care, we should be removing obstacles — not creating new ones — to attract talented physicians and other highly skilled professionals.”
In response to the ruling, a spokesperson for the Department of Homeland Security expressed disagreement, labeling the decision as “blatant judicial activism dismantling President Trump’s historic efforts for immigration reform.”
The spokesperson continued, “Under President Trump and Secretary Mullin, our immigration system is being reformed to serve American citizens, American workers, and American families and to preserve our national identity — not to rapidly import foreigners who take American jobs, commit crimes, burden our welfare system, and erode our cultural and social fabric.”
White House spokesperson Taylor Rogers also weighed in, expressing confidence that the ruling would be overturned on appeal.
This ruling marks a significant moment in the ongoing debate over immigration policy and the H-1B visa program, which has long been a focal point for discussions about foreign labor and its impact on the American job market, according to The Associated Press.