A federal judge in Boston has overturned the Trump administration’s imposition of a $100,000 fee on new H-1B visas. This decision contradicts a prior ruling affirming the fee increase. U.S. District Court Judge Leo Sorokin ruled in favor of 20 states, stating that the administration overstepped its authority and violated the Administrative Procedure Act. This act guides the process by which federal agencies create and implement regulations.
The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,
Sorokin wrote.
H-1B visas cater to high-skilled roles that are challenging for American companies to fill with local talent. Technology firms, especially, rely heavily on these visas, with a significant number going to Indian workers. The states contended that the fee made it even harder to fill essential roles in education and healthcare sectors. Originally, applying for most H-1B visas already required spending several thousand dollars. The increased fee caused uncertainty among employers, students, and workers, leading to numerous lawsuits.
The U.S. Chamber of Commerce also initiated a lawsuit in Washington, D.C., but a summary judgment against the fee was denied. The fee remains effective until September 2026 unless judicial actions change its status. A separate lawsuit was filed in San Francisco by religious and labor groups, increasing the chance for varying appellate court decisions.
Massachusetts Attorney General Andrea Joy Campbell emphasized the importance of the ruling. She noted that the decision safeguards the H-1B program’s role in addressing labor shortages in fields like education, healthcare, and research. She stated this win ensures critical vacancies can be filled in the state.
Bobby Mukkamala, President of the American Medical Association, hailed the decision as beneficial for patients. He highlighted the importance of international medical graduates in rural and underserved areas, countering the physician shortages nationwide.
Nonetheless, the Department of Homeland Security criticized the decision as judicial overreach, claiming it dismantles the immigration reforms initiated by President Trump and Secretary Mullin. They argue these reforms focus on serving American citizens and preserving national identity.
White House spokesperson Taylor Rogers expressed confidence that the ruling will be overturned on appeal.