Washington: US-based Indian diaspora advocacy groups welcomed the Massachusetts federal court’s decision to strike down the USD 100,000 fee levied by the Trump administration on H-1B visas, contending that it was appropriate for preserving US’ competitive edge in innovation and entrepreneurship.
“We welcome the Massachusetts federal court’s decision striking down the USD 100,000 H-1B visa fee, which restores predictability and fairness to the employment-based immigration system,” Khanderao Kand, Chief of Policy and Strategy at the Foundation for India and Indian Diaspora Studies (FIIDS), told PTI.
“All stakeholders connected with H-1B visas will heave a sigh of relief after the court order, but one wonders if this is truly the end of the matter,” Sanjeev Joshipura, Executive Director, Indiaspora, told PTI.
Kand said the court ruling was appropriate for preserving US’ competitive advantage in innovation, research, and entrepreneurship.
“Access to highly skilled global talent remains essential for the continued growth of US’ technology, healthcare, and advanced manufacturing sectors. The judgment reinforces the principle that major policy changes must be grounded in statutory authority and economic realities,” he said.
Kand said FIIDS believes a balanced, merit-based immigration framework strengthens both US businesses and the broader economy.
Joshipura, however, struck a note of caution saying the US administration might still create hurdles for H-1B visa holders through procedural matters that may not run afoul of the law.
“If the executive branch wishes to impose impediments on H-1B visa holders, as per the administration’s stated policy preferences, then they might still be able to do so through procedural means that do not run afoul of US law,” he said, citing the recent tussle between the administration and the judiciary.
A federal judge on Monday struck down the USD 100,000 fee imposed by US President Donald Trump for H-1B applications. The court termed the fee unlawful because it lacked congressional approval.
In September last year, Trump signed a proclamation adding the USD 100,000 fee for new H-1B visa applications.