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PolityIndian Express9 June 2026
Donald Trump's $100,000 H-1B visa fee is unlawful, US judge rules
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๐ Summary:
- A US federal judge (District Judge Leo Sorokin, Boston) struck down the $100,000 fee Trump imposed on new H-1B visas, ruling it an unlawful tax that Congress never authorised
- The case arose from a lawsuit by 20 Democratic state attorneys general challenging the September proclamation that dramatically raised H-1B costs
- The court held the levy was "a tax... regardless of what the payment is called," not a penalty within the President''s authority under immigration law
- The fee had a chilling effect: by Feb 15, USCIS had received just 85 payments of the $100,000 fee; earlier employer fees were typically $2,000-$5,000
- The H-1B programme offers 65,000 visas annually plus 20,000 for advanced-degree holders, valid 3-6 years; Indians are the largest recipients of H-1B visas
- The White House did not immediately respond, leaving room for appeal
๐ฏ UPSC Relevance: GS2 IR โ India-US relations and the Indian diaspora/skilled-migration interests; separation of powers in the US (executive vs legislature''s taxing authority); impact of US immigration policy on India''s IT sector
๐ Prelims Facts:
- H-1B is a US non-immigrant visa for specialty occupations requiring skilled foreign workers; annual cap 65,000 (+20,000 for US advanced degrees)
- USCIS = US Citizenship and Immigration Services
- Indian nationals receive the majority (~70%+) of H-1B visas issued annually
๐ Key Term: H-1B visa โ a US work visa allowing employers to hire foreign workers in specialty occupations, central to Indian skilled migration to the US
H-1BUS visadiasporaskilled migrationIndia-US
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