World

Trump's $100,000 H-1B visa fee is ‘unlawful’, US court rules

A US court on Monday declared that the $100,000 fee announced by US President Donald Trump on new H-1B visas for highly skilled foreign workers is unlawful and must be invalidated.

Donald Trump during an executive order signing in the Oval Office of the White House in Washington, DC. (Bloomberg)

US District Judge Leo Sorokin in Boston made the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging the fee announced by Trump in September.

The move was part of Trump administration’s growing efforts to curb foreign workers from “taking away” domestic jobs and penalising US companies to hire international workers.

Several members of the Republican government, including vice president JD Vance, have alleged widespread fraud and abuse in the H-1B visa system.

Why Trump imposed $100,000 on H-1B visa

The $100,000 H-1B visa application fee would make it uneconomical for US companies to hire foreign workers over US-born talent.

The visas are granted for a period of three years and can be renewed for a period of another three years.

The move had made the programme unaffordable for many small-scale employers. As per a recent report, over 200,000 people opted to pay the $100,000 visa fee to receive faster processing of their applications.

By law, the number of H1B visas granted every year is capped at 65,000, with an additional 20,000 visas granted to those with advanced degrees. Over 70% of approved H1B visas go to professionals from India.