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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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๐Ÿ“Œ 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

๐ŸŽฏ 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

๐Ÿ“ 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

๐Ÿ”‘ 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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