Washington: US District Judge Leo Sorokin in Boston has struck down US President Donald Trump's controversial order to impose an additional $100,000 fee on H-1B visas for highly skilled foreign workers.
Presidential policies attempting to place a $100,000 fee restriction on new H-1B petitions were officially struck down by a U.S. federal judge, ruling the mandate unlawful and exceeding executive authority. As a result, standard filing fees and regulatory requirements remain the baseline for corporate sponsors.
The court ruled that the massive fee increase announced by the Trump administration last September was completely illegal. The US federal court ruling is a major blow to Trump's moves to discourage companies from hiring foreign workers and to tightly control immigration.
Judge Leo Sorokin, in a 42-page ruling, ruled that the $100,000 fee imposed by the president is actually a ‘tax’ and that only the US Congress has the authority to impose taxes. The court pointed out that the president does not have the right to impose such a sum in violation of the powers granted by the Constitution. This crucial order was filed in a petition jointly filed by the attorneys general of 20 Democratic states. The court has now invalidated this fee structure, which has caused a huge financial burden on large companies and universities.
The H-1B visa is a non-immigrant U.S. work visa that allows domestic employers to temporarily hire foreign professionals in specialty occupations. It is highly sought after by skilled workers globally, particularly in fields such as engineering, mathematics, technology, medicine, and business
Indian IT professionals and leading IT companies rely heavily on the H-1B visa program, which allows American companies to hire professionals from abroad. The Trump administration has increased the fee from the usual $2,000 to $5,000 to a whopping $100,000 (about Rs. 84 lakh). In this context, the visa cancellation order has come as a big relief to thousands of Indian IT professionals who want to come to the US and those currently working there.
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