A US federal judge has thrown out President Donald Trump's $100,000 fee on new H-1B visas, dealing a significant blow to one of the administration's most aggressive attempts to curb skilled immigration. US District Judge Leo Sorokin ruled on Monday that Trump had no authority to impose such a fee without Congressional approval, declaring the measure unlawful and ordering it to be invalidated.

The decision is a major relief for businesses, universities, and the hundreds of thousands of skilled foreign workers, particularly Indians, who receive the largest share of H-1B visas each year, who had been contending with the steep new cost since it was introduced.

How the fee came to be challenged

Trump announced the $100,000 fee in September as part of a broader immigration crackdown, with his administration arguing that the measure would discourage companies from over-relying on foreign workers and nudge employers toward hiring Americans. Prior to the policy, H-1B-related fees paid by employers typically ranged from around $2,000 to $5,000.

Judge Sorokin sided with California and 19 other Democratic-led states that brought a legal challenge against the policy, agreeing with their core argument that the President lacked the legal authority to create such a fee unilaterally. The ruling is one of several legal challenges the policy faces; separate lawsuits have also been filed by the US Chamber of Commerce, business groups, and employers that depend heavily on skilled foreign professionals. The Trump administration is expected to appeal the decision.

What this means for Indians

The H-1B programme is among the most significant immigration pathways for Indian professionals seeking to work in the United States, particularly in technology, engineering, healthcare, and finance. Indian nationals receive the majority of H-1B visas issued every year, making any tightening of the programme disproportionately consequential for this community.

The programme issues 65,000 visas annually, with an additional 20,000 reserved for applicants holding advanced degrees from US institutions. According to immigration advocacy group FWD.us, approximately 730,000 H-1B visa holders currently live in the United States, alongside roughly 550,000 dependents, including spouses and children.

Monday's ruling preserves the programme's accessibility for now, though with an appeal expected.

(With inputs from Reuters)

Published on: Jun 9, 2026 7:35 AM IST