Indian workers may gain from H-1B fee ruling, but tighter scrutiny likely to continue: Ajay Dua

Indian workers may get some relief after a US federal court struck down the Trump administration’s controversial $100,000 H-1B visa fee

, but stricter scrutiny of immigration applications is likely to continue, according to former Commerce Secretary Ajay Dua.

Speaking to CNBC-TV18, Dua said the court ruling could have a significant impact on Indian professionals who have historically been among the largest beneficiaries of the H-1B programme. The Trump administration had introduced the fee in September 2025, arguing that it would encourage companies to hire more American workers.

“I think the effect could be fairly significant, particularly in the context of Indian migrants or Indians who used to avail themselves of this facility,” Dua said. He noted that applicants earlier paid between $5,000 and $8,000 for the process, while the proposed fee would have increased costs dramatically.

However, Dua cautioned that the court ruling only addresses the fee structure and does not necessarily change the administration’s broader immigration approach.

“What is being reported is that the judge has only struck down the higher fee, but probably has not challenged President Trump’s decision to be more selective in granting this facility,” he said.

The ruling came after Judge Leo Sorokin found that the $100,000 fee amounted to an unlawful tax that had not been authorised by Congress. The White House has defended the measure, saying President Donald Trump acted within his legal authority, and has indicated that it plans to appeal the decision.

Poorvi Chothani, Managing Partner at LawQuest, described the judgment as a significant development and said it offers a short-term opportunity for companies with employees awaiting visa processing.

“This is a small window of opportunity,” Chothani said. “If they have any employees who are subject to consular processing, they should quickly file, and they should file by paying the extra $3,000 or so for premium processing so that they get a quick adjudication.”

She warned that the relief could be temporary if a higher court grants a stay on the ruling while the appeal process continues. The fee was initially intended to remain in force until September 2026, creating further uncertainty over its future.

Chothani also said the Indian IT industry had already suffered because of the fee proposal. Many companies reduced the number of H-1B applications they filed this year due to concerns that overseas applicants would be subject to the additional charge.

“The IT industry has already faced a big disadvantage because of this fee. They didn't register enough cases, so that bus has already gone,” she said.

The legal setback marks the latest challenge for the Trump administration’s immigration agenda, which has included tighter rules on visas and green cards. According to Dua, political considerations ahead of the US midterm elections could mean that the administration continues to pursue tougher immigration policies despite the court ruling.

“He is committed to jobs being created for Americans, not for people from outside,” Dua said. “At any cost, he would prefer fewer migrants and immigrants entering the country.”

Dua added that immigration restrictions could eventually become a point of discussion in India-US trade negotiations. He argued that limiting access to Indian technology professionals could raise costs for American businesses and potentially encourage multinational companies to expand operations in lower-cost countries through Global Capability Centres (GCCs).

“I would therefore think that some of these companies may end up relocating certain operations to lower-cost countries through their GCCs or similar facilities,” he said.

While the court ruling has brought immediate relief to businesses and skilled foreign workers, experts said the broader direction of US immigration policy remains uncertain, particularly with the White House preparing to challenge the decision and immigration continuing to be a key political issue ahead of the midterm elections.