A federal judge in Boston, U.S. District Court Judge Leo Sorokin, has overturned the Trump administration’s increase of a $100,000 fee on new H-1B visas. The fee hike was initially introduced to prevent foreign workers from taking jobs away from Americans. However, Judge Sorokin sided with 20 states, ruling that the policy exceeded the executive branch’s authority and violated the Administrative Procedure Act.
The H-1B visa program is designed for high-skilled jobs that are challenging to fill with American workers. Predominantly tech companies utilize this program, with most visa approvals granted to workers from India. States argued the increase in fees would exacerbate difficulties in recruiting doctors and teachers. H-1B visa applications were already costly, and the proposed fee hike created confusion and led to multiple lawsuits.
The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress.
Beyond Boston, the U.S. Chamber of Commerce also launched legal proceedings in Washington, D.C., contesting the fee hike. Despite these challenges, the fee remained in effect until the ruling. Another lawsuit was filed in San Francisco by religious groups and labor organizations, which may lead to varied rulings across appellate courts.
Massachusetts Attorney General Andrea Joy Campbell stated that the decision safeguards the H-1B visa program’s effectiveness in addressing labor shortages in key sectors like education and healthcare. In Massachusetts, this ruling ensures the filling of crucial roles in education and research.
American Medical Association President, Bobby Mukkamala, described the ruling as beneficial for patients. He highlighted the importance of international medical graduates, especially in underserved regions.
While the Department of Homeland Security criticized the ruling as judicial activism undermining immigration reform efforts, White House spokesperson Taylor Rogers expressed confidence that the order would be overturned on appeal.
