Highlights:
- Federal judge rules $100,000 H-1B visa fee was unlawful.
- Indian diaspora groups say ruling restores fairness and certainty.
- FIIDS calls decision important for innovation and economic growth.
- Indiaspora cautions that procedural hurdles may still emerge.
- Indians remain the largest beneficiaries of H-1B visas.
Indian diaspora organizations in the United States have welcomed a federal court ruling that struck down the $100,000 fee on H-1B visa applications, describing the decision as a positive step toward restoring fairness and predictability to the employment-based immigration system.
On Monday, a federal judge ruled that the $100,000 fee imposed by president Donald Trump on H-1B visa applications was unlawful because it had not received approval from Congress.
The H-1B visa is a non-immigrant visa that enables US companies to hire foreign workers in specialty occupations requiring theoretical or technical expertise. The program is widely used by technology companies, which rely on it to recruit tens of thousands of skilled workers each year from countries including India and China.
Reacting to the court’s decision, Khanderao Kand, Chief of Policy and Strategy at the Foundation for India and Indian Diaspora Studies (FIIDS), said the ruling would help restore stability to the immigration framework.
"We welcome the Massachusetts federal court's decision striking down the USD 100,000 H-1B visa fee, which restores predictability and fairness to the employment-based immigration system," Kand told PTI.
He said the ruling was important for maintaining the United States’ position as a global leader in innovation, research, and entrepreneurship.
"Access to highly skilled global talent remains essential for the continued growth of the US's technology, healthcare, and advanced manufacturing sectors. The judgment reinforces the principle that major policy changes must be grounded in statutory authority and economic realities," he said.
Kand added that FIIDS believes a balanced, merit-based immigration system benefits both American businesses and the broader economy.
Sanjeev Joshipura, Executive Director of Indiaspora, also welcomed the court order but expressed caution about what could happen next.
"All stakeholders connected with H-1B visas will heave a sigh of relief after the court order, but one wonders if this is truly the end of the matter," Joshipura told PTI.
He said the administration could still introduce obstacles for H-1B visa holders through procedural measures that remain within the boundaries of US law.
"If the executive branch wishes to impose impediments on H-1B visa holders, as per the administration's stated policy preferences, then they might still be able to do so through procedural means that do not run afoul of US law," he said, referring to the recent tensions between the administration and the judiciary.
In September last year, Trump signed a proclamation introducing the $100,000 fee for new H-1B visa applications.
Indian professionals continue to be the primary beneficiaries of the H-1B visa program, which attracts highly skilled talent from around the world. Indian nationals receive the overwhelming majority of H-1B visas issued annually. The program is subject to a congressionally mandated annual cap of 65,000 visas, with an additional 20,000 visas available for individuals who have earned higher education degrees in the United States.
An artist’s rendering of the project.
