Washington federal court voids Trump H-1B visa fee | JQJO

Washington — A federal judge has struck down the Trump administration’s $100,000 surcharge on H-1B visas for highly skilled foreign workers, ruling that the fee structure is invalid and cannot be enforced. The decision, issued late Tuesday, concludes a lengthy legal challenge brought by a coalition of technology companies and trade associations, which argued that the surcharge was arbitrary and exceeded the executive branch’s authority. The court held that the administration failed to provide the required economic justification for the fee and did not comply with the procedural safeguards set out in the Administrative Procedure Act, including proper rulemaking steps and justification for such a significant cost increase.

Washington — The $100,000 surcharge had been a central element of the Trump administration’s “America First” labor policy, which sought to curb large U.S. employers’ use of foreign talent and encourage the hiring of domestic workers. Legal experts and industry advocates welcomed the ruling as a boost to the competitiveness of the U.S. technology sector, which relies heavily on the H-1B program to fill specialized roles. The administration had defended the fee as necessary to protect American jobs and wages, but government agencies were directed as of Wednesday morning to stop collecting the surcharge. The White House has not indicated whether it will seek an emergency stay or appeal the ruling, leaving companies to reassess pending visa applications and adjust recruitment and payroll plans in light of the sudden change.