A federal judge in Massachusetts has struck down a controversial annual fee requirement imposed by the Trump administration on H-1B visa petitions, ruling that the measure amounted to an unconstitutional tax. The decision, delivered on June 8 by US District Judge Leo T. Sorokin, invalidates the policy and removes the agency guidance and materials that had been used to enforce it.

The court ruled in favor of a coalition of 20 US states that challenged the fee requirement, arguing that it exceeded the authority granted to federal agencies. Judge Sorokin found that the policy violated both the US Constitution and the Administrative Procedure Act (APA), which establishes the procedures federal agencies must follow when creating and implementing regulations.

The disputed rule had dramatically increased the cost associated with certain H-1B visa petitions, with fees reportedly rising from $960 to as much as $7,595 in some cases. Critics argued that the additional financial burden would discourage employers from hiring foreign skilled workers and create significant obstacles for businesses dependent on international talent.

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The H-1B visa program remains one of the primary pathways for highly skilled foreign professionals seeking employment in the United States, particularly in sectors such as technology, engineering, healthcare, and finance. Major American companies have long relied on the program to fill specialized positions that require advanced skills and qualifications.

The ruling carries particular significance for Indian professionals, who represent the largest share of H-1B beneficiaries. According to official data, Indian nationals have accounted for more than 70 per cent of all approved H-1B petitions annually since 2015. Any policy changes affecting the visa program, therefore, have a direct impact on thousands of Indian workers and students aspiring to build careers in the United States.

While the court's decision removes the fee requirement for now, the broader debate over immigration and employment-based visas is expected to continue. The judgment represents a setback for efforts to impose additional costs on H-1B applications and is likely to be welcomed by employers, immigration advocates, and skilled foreign workers who viewed the measure as an unnecessary barrier to legal employment opportunities in the United States.

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