Washington, 9 June

Indian diaspora organisations in the US have welcomed the federal court order of striking down the USD 100,000 fee on H-1B visa applications, calling it a fair move to the employment-based immigration system.

On Monday, a federal judge ruled that the USD 100,000 fee imposed by US President Donald Trump on H-1B applications was unlawful because it lacked congressional approval.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers in speciality occupations that require theoretical or technical expertise. Technology companies depend on it to hire tens of thousands of employees each year from countries such as India and China.

"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 the US's competitive advantage in innovation, research, and entrepreneurship.

"Access to highly skilled global talent remains essential for the continued growth of the US's 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.

In September last year, Trump signed a proclamation adding the USD 100,000 fee for new H-1B visa applications.

Indians are the main beneficiaries of the H-1B visas, which bring in the best of the talent and brains from across the world.

Highly skilled professionals from India walk away with the overwhelming number of H-1B visas, which is Congressional mandated 65,0000 every year and another 20,000 for those who received higher education from the US.