Trump's $100,000 H-1B visa fee struck down: For Indian professionals, why some damage may already have been done

📌 Summary:

• US District Judge Leo Sorokin (Massachusetts) struck down Trump's $100,000 annual fee on new H-1B visas as unlawful — it functioned as a "tax" the President cannot impose without Congressional approval
• Trump's September 2025 proclamation had raised the fee (earlier $960–$7,595) to push firms to hire Americans over foreign workers
• The ruling matters for Indians — 70%+ of annual H-1B beneficiaries are Indian
• Court reasoning: drawing on a recent Supreme Court decision (Learning Resources, on tariffs), it treated the fee as a tariff-like "tax"; taxing power lies with Congress, not the President
• H-1B: for specialty occupations (minimum bachelor's + specialised knowledge); annual cap 65,000 for most private employers + 20,000 for advanced degrees; universities/research bodies are cap-exempt
• "Damage already done": many foreign workers were affected while the high fee was in force; not the final word — the government may appeal

🎯 UPSC Relevance: GS2 International Relations — Indian diaspora, India-US ties, labour mobility, impact of US immigration policy on Indian IT/professionals

📝 Prelims Facts:

• H-1B annual cap: 65,000 (+20,000 advanced degrees); universities/research bodies exempt
• Indians: 70%+ of H-1B visas
• US taxing power rests with Congress, not the President

🔑 Key Term: H-1B visa — a US non-immigrant work visa for specialty occupations requiring at least a bachelor's degree and specialised knowledge