Trump’s $100,000 H-1B Visa Fee Struck Down: Expert Says ‘He Expired But…’ | Why it matters to Indians | Today’s news
President Donald Trump’s plan to charge employers a $100,000 fee for sponsoring foreign workers under the H-1B visa program was blocked by a US federal judge on Monday.
U.S. District Judge Richard Stearns ruled that the proposed H-1B visa application fees implemented through the September 2025 proclamation violate the separation of powers principle.
Stearns’ ruling came six months after a federal judge in Washington, DC, sided with the Trump administration in a similar lawsuit filed by the U.S. Chamber of Commerce. The judge ruled that Congress gave the president the authority to impose the proposed $100,000 fee on employers hiring foreign workers.
What is an H-1B visa?
The H-1B visa program allows employers to petition for highly skilled foreign workers to temporarily fill positions in specialty occupations that require at least a bachelor’s degree.
When applying for an H-1B worker, the employer must submit a request certified by the US Department of Labor that the employment of the H-1B worker will not adversely affect the wages and working conditions of similarly employed US workers, according to the California Department of Justice.
The U.S. Congress limits the number of H-1B visas available each year to most private employers, with the current cap set at 65,000, excluding 20,000 for individuals with a master’s degree or higher.
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In September 2025, Trump issued a proclamation imposing a $100,000 fee on new H-1B visa applications.
What did the September 2025 proclamation say?
Trump and his allies have argued that the program has been abused to bypass or fire American workers in favor of hiring foreign workers at lower wages.
“Abuse of the H-1B program poses a threat to national security by discouraging Americans from pursuing careers in science and technology, thereby jeopardizing America’s leadership in these fields,” Trump said in a statement.
“Heaving a sigh of relief, but…”
“All the stakeholders associated with H-1B visas will breathe a sigh of relief after the court order, but one wonders if this is really the end of the matter,” Sanjeev Joshipura, executive director, Indiaspora, told PTI.
But he cautioned, saying the US administration could still create barriers for H-1B visa holders through procedural matters that may not be against the law.
“If the executive branch wishes to impose barriers on H-1B visa holders based on the administration’s stated policy preferences, then they could do so through procedural means that are not inconsistent with US law,” he said, referring to a recent dispute between the administration and the judiciary.
What does this mean for Indians?
Indian nationals make up the vast majority (roughly 70-72%) of all H-1B visas issued. Tech companies depend on it to hire tens of thousands of workers every year from countries like India and China. And that is why the judgment is particularly significant for Indian professionals.
The proposed $100,000 fee could make H-1B hiring substantially more expensive, prompting many employers to limit or reconsider sponsoring foreign professionals.
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The decision brings relief to both employers and Indian professionals — engineers, software developers, researchers, doctors and other skilled workers — seeking H1B visas.
