On Monday, a federal judge in Boston invalidated the Trump administration’s decision to impose a $100,000 fee on new H-1B visas. This ruling countered a prior court decision that supported the fee increase. The administration had justified the fee as a deterrent against foreign workers taking American jobs. However, Judge Leo Sorokin of the U.S. District Court ruled in favor of 20 states, concluding the executive branch overstepped its authority and violated the Administrative Procedure Act.
The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress,” wrote Judge Sorokin.
H-1B visas cater to workers in high-skilled jobs that lack enough American candidates. Technology companies, particularly, utilize these visas significantly, with a large portion issued to Indian nationals. Prior to the fee hike, applying for an H-1B visa cost several thousand dollars, and the increase triggered widespread concern among employers, students, and workers, resulting in numerous lawsuits.
The U.S. Chamber of Commerce initiated its own lawsuit in Washington, D.C., and is appealing a ruling against halting the fee hike. Currently, the fee remains effective until September 2026, its scheduled expiry date. In contrast, Monday’s ruling in Boston provided a summary judgment against the fee. Additional lawsuits related to the fee have been filed by religious and labor groups in San Francisco. This may lead to varied outcomes across different court circuits.
In Massachusetts’ case, the states contended that the policy hindered their ability to hire essential educators and medical professionals. It was argued that the policy would disrupt academic research and reduce the number of available healthcare workers.
Massachusetts Attorney General Andrea Joy Campbell stated, “Today’s victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research.”
Bobby Mukkamala, President of the American Medical Association, also praised the ruling.
“At a time when communities across the country face physician shortages and growing barriers to care, we should be removing obstacles — not creating new ones — to attract talented physicians and other highly skilled professionals,” Mukkamala remarked. “International medical graduates play a vital role in caring for patients, particularly in underserved and rural areas.”
The Department of Homeland Security expressed disagreement with the court’s decision. They described it as “blatant judicial activism” against Trump’s efforts for immigration reform. Secretary Markwayne Mullin and the administration remain firm in their stance on immigration, prioritizing American citizens and preserving national identity.
White House spokesperson Taylor Rogers echoed this sentiment, expressing confidence in an eventual appeal reversal.