In a ruling that could dramatically reshape America’s skilled immigration landscape, a US federal court has upheld former President Donald Trump’s decision to impose a staggering $100,000 application fee on new H-1B visas, dealing a major blow to technology companies, universities, hospitals, and thousands of foreign professionals eyeing US careers.
US District Judge Beryl Howell ruled that Trump acted within his statutory authority, effectively endorsing one of the most aggressive immigration cost hikes in US history. The decision strengthens the executive branch’s power to regulate immigration through presidential proclamations, especially when national or economic security is cited.
Court Backs Trump’s Immigration Crackdown
Rejecting a legal challenge filed by the US Chamber of Commerce, the court said Congress had already granted the President broad powers to control the entry of foreign nationals. Judge Howell noted that Trump’s proclamation fell squarely within that authority.
“Congress has granted the President express statutory power, which he used to address what he perceived as a matter of economic and national security,” the judge wrote.
The ruling clears the path for the controversial fee to be enforced, marking a significant legal victory for Trump-era immigration policies.
Why the Ruling Matters
The H-1B visa programme is a backbone of US innovation, allowing companies to hire skilled professionals in technology, engineering, healthcare, and education. Demand for the visa routinely exceeds supply, with approvals decided by lottery.
Major beneficiaries include Amazon, Microsoft, Apple, Meta, Tata Consultancy Services, and other Indian IT giants. For many employers, the new fee could make hiring foreign talent financially unviable.
Business groups warn the policy could:
Push startups and mid-sized firms out of the H-1B system
Worsen shortages in healthcare and education
Drive global talent toward countries like Canada, the UK, and Australia
Business Groups Cry Foul
The US Chamber of Commerce called the ruling disappointing and confirmed it is considering an appeal.
“The H-1B programme was designed by Congress to help American businesses grow and compete globally,” said Chamber executive Daryl Joseffer, adding that the fee risks turning the visa into a privilege only large corporations can afford.
More Legal Battles Ahead
The fight is far from over.
19 US states have filed a separate lawsuit, warning of harm to public-sector employers.
A global nurse staffing agency has challenged the move, citing healthcare workforce shortages.
Still, unless higher courts intervene, the $100,000 fee could soon become reality.
Big Impact on Indian Talent
Indians form the largest share of H-1B recipients, making the ruling especially significant for Indian IT firms and professionals. Experts say the decision could alter hiring strategies, overseas assignments, and long-term workforce planning across the global tech industry.
