(Image source from: Moneycontrol.com)
President Donald Trump unleashed his anger at the federal judges after a judge in Massachusetts overturned his administration's controversial $100,000 charge for new H-1B visas. After hearing the judge's decision, Trump showed his significant annoyance regarding the challenges his policies have encountered in the legal system.
"These federal judges are really making it tough for us," Trump remarked. "What is happening with the court system is just insane… They are causing great harm to our country. " The criticism from the White House came after a clear ruling by US District Judge Leo Sorokin in Boston. Supporting a group of 20 Democratic state attorneys general, Judge Sorokin discarded the high fee policy completely, stating that the president's office had greatly exceeded its legal authority. The administration argued that the $100,000 charge, which was intended to discourage companies from outsourcing work, was a legal “financial penalty” aimed at preserving American jobs. However, the court strongly disagreed with this view.
"The Court determines that the Policy creates a tax on H-1B applications without proper approval from Congress," Judge Sorokin stated in his ruling. "The details and usage of the $100,000 payment indicate that it is a tax, regardless of what it is named. " According to the US Constitution, the ability to impose taxes and establish fundamental immigration rules belongs solely to Congress, not the president's office. Before implementing this policy, employers who wanted to sponsor skilled workers from abroad through the H-1B program usually paid between $2,000 and $7,500 in legal fees. The increase to $100,000 shocked the technology industries, healthcare providers, and universities.
This excessive fee effectively stalled the program. Recent filings from US Citizenship and Immigration Services (USCIS) revealed that only 85 $100,000 payments had been made since the policy was enforced.
The ruling was a significant relief for the Indian community, which has historically been a key supporter of the H-1B program, making up nearly 75 percent of all accepted applications. Advocacy groups and community leaders had strongly condemned the $100,000 fee, stating that it would unfairly impact Indian workers, separate families, and limit opportunities for skilled immigrants. “This is a huge win for justice and the worldwide tech industry,” said Khanderao Kand, Chief of Policy and Strategy at the Foundation for India and Indian Diaspora Studies (FIIDS), to News On Air. “The extreme fee was a hidden attempt to eliminate the H-1B program. While the community can relax today, we must stay alert, aware that the administration might seek other regulatory paths to limit skilled immigration. ”
US Congressman Raja Krishnamoorthi also applauded the federal court's decision. Krishnamoorthi, who had earlier warned that the high fee would hinder American innovation, praised the ruling for preserving the US's competitive edge and for keeping opportunities open for top talent in technology and the fields of Science, Technology, Engineering, and Mathematics (STEM).
