US Judge blocks Trump's $100K H-1B visa fee plan
Washington, DC, June 9
A US federal judge on Monday blocked a proposal by President Donald Trump to impose a USD 100,000 fee on employers seeking to hire foreign workers for specialised roles under the H-1B visa programme.
According to Politico, US District Judge Richard Stearns ruled that the president's proposed payments for H-1B visa applications introduced through a September 2025 proclamation and swiftly implemented by the US State Department and the US Department of Homeland Security violated the principle of separation of powers. Trump and his allies have argued that the program has been exploited to bypass or lay off American workers in favour of hiring foreign employees for lower wages.
"Abuses of the H-1B program present a national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields," Trump contended in his proclamation.
Stearns' ruling came six months after a federal judge in Washington, D.C. had ruled in favour of the Trump administration in a similar case filed by the U.S. Chamber of Commerce, holding that Congress had given the president authority to impose the $100,000 fee. However, Judge Howell's decision in that earlier case was issued before the Supreme Court's tariff ruling in February, which later helped guide Stearns' judgment.
The H-1B visa program allows employers to petition for high-skilled foreign workers to temporarily fill positions in speciality occupations that require at least a bachelor's degree. In petitioning for an H-1B worker, the employer must submit an application, certified by the US Department of Labour, that employment of the H-1B worker will not negatively affect the wages and working conditions of similarly employed US workers, according to the State of California Department of Justice.
The US Congress limits the number of H-1B visas available each year for most private employers, with the current cap set at 65,000, with an exemption of 20,000 for individuals with a master's degree or higher. Since its inception, the H-1B visa program has been continually tailored by Congress to carry out its purpose of meeting employers' labor needs, while protecting the interests of American workers to ensure that they are not wrongfully displaced.
Congress has repeatedly enhanced enforcement, increased penalties, and legislated on fees for H-1B petitions to prevent misuse of the program. Congress has also adapted the program to ensure that it is especially beneficial to many government and non-profit organizations in fulfilling their public service missions, exempting them from the 65,000-person cap.
In September, Trump issued a proclamation imposing an unprecedented USD 100,000 fee on new H-1B visa petitions, undermining the very purpose of the H-1B visa by making it harder to address severe labour shortages in critical fields such as education and healthcare, ultimately worsening the staffing crisis. As implemented by DHS through a series of written documents, the policy affects any application filed after September 21, 2025, and grants the Secretary of Homeland Security broad discretion to determine which petitions are subject to the fee or for an exemption, raising concerns that the enforcement could be applied selectively against employers disfavored by the Trump Administration, according to the State of California Department of Justice.
— ANI
Reader Comments
I understand the intent behind wanting to protect American workers, but $100,000 is an absurd amount. The H-1B system already has safeguards - the labor certification process, wage requirements, and caps. This was pure political grandstanding, not genuine reform.
People don't realize how many Indian nurses and teachers come on H-1B visas too. My cousin works at a rural hospital in Ohio on H-1B - there's literally no American doctor willing to work there. The fee would have made it impossible for such hospitals to hire talent. 🙏 Glad this was blocked.
While I think some reform of H-1B is needed to prevent abuse by outsourcing firms, this $100k fee was a blunt instrument. The judge was right - this exceeded presidential authority. Congress should fix the program properly instead of these executive overreaches.
The irony is that the US keeps saying they want 'the best and brightest' from India, but then makes it impossible for us to work there. My team in Bangalore is more skilled than many American graduates I've worked with. This is about protecting mediocrity, not American workers. 😤
Disappointing ruling. The H-1B program has been exploited for years - Indians firms like Infosys and TCS abuse it to undercut American wages. But I agree $100k was too heavy-handed. A moderate fee with proper oversight would have been better. Neither extreme is good.
We welcome thoughtful discussions from our readers. Please keep comments respectful and on-topic.