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FIIDS Chief of Policy and Strategy Khanderao Kand on Tuesday welcomed a Massachusetts federal court's decision of striking down the $100,000 H-1B visa fee, calling it a significant step toward restoring predictability and fairness in the employment-based immigration system.
Speaking to ANI, Kand said, "We welcome the Massachusetts federal court's decision striking down the $100,000 H-1B visa fee, which restores predictability and fairness to the employment-based immigration system. This ruling is appropriate for preserving America's competitive advantage in innovation, research, and entrepreneurship. Access to highly skilled global talent remains essential for the continued growth of the U.S. technology, healthcare, and advanced manufacturing sectors." Kand further added, "The judgment reinforces the principle that major policy changes must be grounded in statutory authority and economic realities. FIIDS believes a balanced, merit-based immigration framework strengthens both American businesses and the broader economy." A US federal judge on Monday (local time) blocked a proposal by President Donald Trump to impose a USD 100,000 fee on employers seeking to hire foreign workers for specialised roles under the H-1B visa programme. According to Politico, US District Judge Richard Stearns ruled that the president's proposed payments for H-1B visa applications introduced through a September 2025 proclamation and swiftly implemented by the US State Department and the US Department of Homeland Security violated the principle of separation of powers. Trump and his allies have argued that the program has been exploited to bypass or lay off American workers in favour of hiring foreign employees for lower wages. "Abuses of the H-1B program present a national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields," Trump contended in his proclamation. Stearns' ruling came six months after a federal judge in Washington, D.C. had ruled in favour of the Trump administration in a similar case filed by the U.S. Chamber of Commerce, holding that Congress had given the president authority to impose the $100,000 fee. However, Judge Howell's decision in that earlier case was issued before the Supreme Court's tariff ruling in February, which later helped guide Stearns' judgment. The H-1B visa program allows employers to petition for high-skilled foreign workers to temporarily fill positions in speciality occupations that require at least a bachelor's degree. In petitioning for an H-1B worker, the employer must submit an application, certified by the US Department of Labour, that employment of the H-1B worker will not negatively affect the wages and working conditions of similarly employed US workers, according to the State of California Department of Justice. (ANI)
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