Washington, DC [US], June 9 (HBTV): A US federal judge on Monday (local time) blocked a proposal by President Donald Trump to impose a USD 100,000 fee on employers seeking to hire foreign workers for specialised roles under the H-1B visa programme.
According to Politico, US District Judge Richard Stearns ruled that the proposed fee for H-1B visa applications, introduced through a September 2025 proclamation and implemented by the US State Department and the US Department of Homeland Security (DHS), violated the constitutional principle of separation of powers.
Trump and his allies have argued that the programme has been exploited to bypass or lay off American workers in favour of hiring foreign employees at lower wages.
In his proclamation, Trump contended that 'abuses of the H-1B program present a national security threat by discouraging Americans from pursuing careers in science and technology, risking American leadership in these fields.'
Stearns' ruling came six months after a federal judge in Washington, DC, ruled in favour of the Trump administration in a similar case filed by the US Chamber of Commerce, holding that Congress had granted the president authority to impose the USD 100,000 fee. However, that decision was issued before a February ruling by the US Supreme Court on tariffs, which later helped guide Stearns' judgment.
The H-1B visa programme allows employers to petition for highly skilled foreign workers to temporarily fill positions in speciality occupations that require at least a bachelor's degree. According to the State of California Department of Justice, employers seeking to hire H-1B workers must submit an application certified by the US Department of Labor stating that the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed American workers.
The US Congress limits the number of H-1B visas available annually for most private employers. The current cap is 65,000 visas, with an additional exemption of 20,000 visas for individuals holding a master's degree or higher.
Since its inception, the H-1B programme has been modified by Congress to address employers' labour needs while protecting American workers from wrongful displacement. Congress has also strengthened enforcement measures, increased penalties and legislated fees for H-1B petitions to prevent misuse of the programme.
In addition, Congress has exempted many government and non-profit organisations from the annual cap to help them fulfil their public service missions.
In September 2025, Trump issued a proclamation imposing the USD 100,000 fee on new H-1B visa petitions. Critics argued that the measure undermined the programme's purpose by making it more difficult to address labour shortages in critical sectors such as education and healthcare.
According to the State of California Department of Justice, the policy applied to applications filed after September 21, 2025, and granted the Secretary of Homeland Security broad discretion to determine which petitions would be subject to the fee or eligible for exemptions. Critics raised concerns that the policy could be enforced selectively against employers disfavoured by the administration.
(ANI)