Judge Overturns H-1B Visa Fee Increase

A federal judge in Boston has nullified the Trump administration’s decision to raise the fee for new H-1B visas to $100,000. This contradicts an earlier court decision that supported the fee increase. The administration claimed the fee hike would protect American jobs from foreign workers.

U.S. District Court Judge Leo Sorokin ruled that the policy overstepped executive authority and contravened the Administrative Procedure Act. Sorokin stated, “The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.”

H-1B visas are designed for high-skilled jobs that struggle to find American workers. Technology companies, particularly those employing workers from India, are the primary users. The increased fee complicated hiring for essential sectors such as healthcare and education, leading to legal challenges in several states, including a major lawsuit by the U.S. Chamber of Commerce.

Despite the ruling, the increased fee was set to remain active until September 2026. The Boston ruling represents a significant judicial reversal. Meanwhile, other lawsuits in San Francisco could potentially lead to differing opinions among appellate courts.

States involved in the Boston case argued that the new fee would cripple their ability to hire teachers and medical professionals, harming educational and health institutions. Massachusetts Attorney General Andrea Joy Campbell described the ruling as a preservation of the H-1B visa program’s purpose in addressing labor shortages.

American Medical Association President Bobby Mukkamala expressed relief, citing the necessity of international medical professionals, especially in underserved areas.

The Department of Homeland Security criticized the decision as “judicial activism” against immigration reforms. They stressed the commitment to an immigration system prioritizing American interests.

White House spokesperson Taylor Rogers stated confidence in overturning the judge’s decision on appeal.