Hyderabad Techies Get Relief as H-1B Fee Falls
Hydrabad: A federal court in Boston has struck down the ₹86 lakh (approximately $100,000) fee imposed on H-1B visa petitions by the administration of US President Donald Trump, ruling that the measure was unlawful without approval from the US Congress.
Federal Judge Leo Sorokin of Massachusetts issued the order on Monday, stating that the executive branch lacked the authority to impose such a substantial charge without congressional authorisation. He observed that decisions relating to immigration policy and taxation fall within the powers of Congress and said the administration had effectively imposed a tax burden on visa petitions despite describing it as a fee.
Indian-American groups welcome court ruling
Indian-American organisations welcomed the judgment, calling it a positive development for employment-based immigration.
The H-1B programme is widely used by American companies to recruit skilled foreign professionals. Indian information technology workers, researchers and specialists from various countries rely on the visa to work in the United States.
After returning to office, the Trump administration introduced several changes to the visa process, including a $100,000 fee for each H-1B application. Twenty states challenged the measure in the Boston federal court, arguing that the fee exceeded the administration’s authority. The court agreed and invalidated the policy.
Concerns remain over future restrictions
Sanjeev Joshipura, Executive Director of Indiaspora, said the ruling would provide relief to everyone associated with the H-1B programme but cautioned that the issue may not end here.
He warned that the US government could continue to create hurdles for H-1B visa holders through other regulatory measures.
Khanderao Kand, Chief of Policy and Strategy at the Foundation for India and Indian Diaspora Studies, said the United States must continue attracting international talent to support growth in the technology, healthcare and manufacturing sectors. He said the ruling underscored the need to consider both economic realities and legal requirements before making major policy changes.
Trump administration plans appeal
A White House spokesperson indicated that the administration would challenge the Massachusetts court order before a higher court.
The spokesperson said the H-1B programme had been misused for decades and argued that the administration’s actions were intended to curb abuse.
Notably, some Republican lawmakers also welcomed the court’s decision. Alaska Senator Lisa Murkowski said the steep visa fee had made it difficult to recruit teachers and healthcare professionals, particularly in rural areas.
Lawmakers cite impact on healthcare and education
President Donald Trump criticised the court ruling on Tuesday, saying such judicial interventions were harming the country.
“These judges are really causing us a lot of problems. It is a very extreme situation. They are doing tremendous damage to our country,” Trump said.
Representative Don Beyer said the ruling would provide significant relief to sectors already facing staffing shortages. Republican Representative Mike Lawler, Georgia Democrat Sanford D. Bishop Jr., and Attorneys General Rob Bonta and Jennifer Davenport were among those who welcomed the judgment.
The supporters of the ruling argued that the $100,000 fee had created additional barriers for employers seeking to recruit essential workers, including medical staff and teachers.
