'Trump's Power Has Limits': US Immigration Experts On Why H-1B Fee Was Struck Down And What Next

Calling

it a "ray of hope" for Indian nationals, US-based immigration attorney Rajiv Khanna welcomed the Boston court ruling that struck down the Donald Trump administration's controversial $100,000 fee on certain new H-1B visa applications.The ruling by US District Judge Leo Sorokin in Massachusetts comes as a significant blow to one of the toughest immigration measures introduced by Trump in September 2025. The court held that the administration lacked the legal authority to impose what was effectively a new tax on employers hiring highly skilled foreign workers.The decision comes as welcome news for Indian professionals, who account for nearly 73% of all H-1B approvals, according to US immigration data.

What the Ruling Means for H-1B Applicants

For now, employers will not be required to pay the additional $100,000 fee for affected new H-1B petitions, substantially reducing hiring costs and removing a major barrier for prospective applicants.US-based immigration attorney Rajiv Khanna said the ruling restores confidence in a system that has been marked by uncertainty."For Indian nationals, this ruling from the Boston court gives a ray of hope more than anything else. This administration has been running immigration policy as a cudgel to beat the heck out of the existing scaffolding of law. Traditionally, a president can never overwrite laws with the happening here. So this ruling represents a return to the rule of law rather than to the rule of whims and fancy."Khanna noted that uncertainty around visa policies has already hurt both employers and workers."Businesses thrive on certainty. When you don't know if your key resource, a technical expert, can get the proper visa to finish the work or to start the work that they want to do, obviously, the whole project is doomed."

Relief for Lottery Candidates, Students and Workers

The now-blocked fee would have primarily impacted new H-1B beneficiaries, including candidates selected through the annual lottery system and workers changing employers or projects.Khanna said the policy had created widespread anxiety among international students and professionals planning their careers in the United States."Indian students have been facing increasing hostility from a system that seems to be geared towards administration by suspicion rather than fact."He added that uncertainty surrounding Optional Practical Training (OPT), STEM OPT extensions, H-1B transitions and H-4 work authorisation has made long-term planning increasingly difficult for Indian students and professionals.

Why the Court Rejected the $100,000 Fee

According to New York-based immigration lawyer Cyrus Mehta, Founder & Managing Partner, Cyrus D. Mehta & Partners PLLC, the court concluded that the administration had effectively imposed a tax without congressional approval."This district court decision is a major victory for H-1B employers and a sharp reminder that presidential power under INA § 212(f) has real limits."Mehta explained that the court viewed the $100,000 payment as an unauthorised tax rather than a permissible immigration restriction."The court rejected the Trump Administration’s attempt to use § 212(f) to impose a flat $100,000 'supplemental payment' on every new H-1B petition."The ruling also found that federal agencies failed to justify why such a steep fee was necessary to address alleged abuses of the H-1B programme.For employers, Mehta said the immediate impact is clear: "Agencies may not condition H-1B approval on payment of the vacated $100,000 charge. H-1B costs are again limited to the statutory charges Congress has enacted."

What Happens Next?

The legal fight is not over. The Trump administration is expected to appeal the decision and could seek an emergency stay to revive the fee while litigation continues.Khanna believes an appeal is likely given the administration's broader immigration agenda."The government typically has 30 days to file an appeal and in the appeal they could tack on a request for stay of this federal court ruling."Until a higher court intervenes, however, the Massachusetts ruling effectively blocks enforcement of the fee nationwide, offering immediate relief to employers, universities, students and thousands of skilled foreign workers hoping to build careers in the United States.