Trump's $100,000 H-1B Visa Fee Struck Down by Federal Judge

According to Pew, nearly three-quarters of those whose applications were approved in 2023 came from India. | World News

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Washington: A federal judge has struck down the $100,000 fee for H-1B work visas imposed by the Trump administration, ruling that it exceeded its authority by raising the charge without congressional approval.

Created by the 1990 Immigration Act, H-1B visas allow American companies to bring in people with technical skills that are hard to find in the United States.

The visas are not intended for people who want to stay permanently, but some eventually do, after transitioning to different immigration statuses.

At least 60% of the H-1B visas approved since 2012 have been for computer-related jobs, according to the Pew Research Center.

The number of new visas issued annually is capped at 65,000, plus an additional 20,000 for people with a master's degree or higher.

The White House announced the $100,000 fee last September, but critics say that H-1B visas undercut American workers, luring people from overseas who are often willing to work for less than American tech workers do.

U.S. District Court Judge Leo Sorokin in Boston ruled that the fee violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations.