Trump's $100,000 H-1B visa fee proposal moves to US appeals court

A legal battle in the United States over the proposed $100,000 fee on certain H-1B visa applications has moved to the appeals stage, reviving uncertainty for Indian professionals and technology firms that rely heavily on the programme, according to a Bloomberg report.

 

The US Chamber of Commerce has appealed a federal court ruling that declined to block the Trump administration’s move to sharply raise the cost of the widely used work visa. The matter could ultimately be decided by the US Supreme Court.

 

Why does the H-1B visa matter to Indians?

 

The H-1B visa allows US employers to hire foreign professionals in specialised roles such as information technology, engineering, healthcare and research. Indian nationals account for the largest share of H-1B visa approvals each year, making the programme critical for Indian workers and students planning to work in the US.

 

 

For employers, the visa helps address skill shortages. For Indian professionals, it often offers higher pay, global exposure and long-term career prospects.

 

About the $100,000 fee proposal

 

In September, US President Donald Trump issued a proclamation proposing a steep increase in the H-1B visa application fee for employers that depend heavily on the programme. The move was aimed to curb misuse of the visa and protect American workers.

 

Trump and US commerce secretary Howard Lutnick have suggested that the higher fee could generate a substantial windfall for the US government, potentially running into tens of billions of dollars.

 

Court ruling and appeal

 

The US Chamber of Commerce, the country’s largest business lobby, challenged the proposal in court, arguing that the fee increase goes beyond the authority granted by Congress under immigration law.

 

However, on December 23, a federal judge in Washington ruled that the President had the power to impose the fee, stating that the proclamation was issued under an express statutory grant of authority. The Chamber has now appealed against this decision, though legal analysts believe the odds of success are limited.

 

Other cases still pending

 

Separate legal challenges to the fee are also underway. These include cases filed in Massachusetts by several US states and in California by a global nurse staffing agency and labour unions. The outcomes of these cases could also influence whether the fee is eventually enforced.

 

What Indian applicants should watch?

 

If implemented, the proposed fee could significantly alter hiring decisions:

 

·  Employers may scale back H-1B hiring due to sharply higher costs

 

·  Smaller firms may find the visa unaffordable

 

·  Indian professionals could face fewer job opportunities and longer waiting periods