H-1B Visa Update: A second US federal judge has stopped the Trump administration from collecting a USD 1,00,000 fee on new H-1B visas for highly skilled foreign workers. The latest ruling, which came on Thursday, comes at a time when businesses, unions and other groups have challenged the fee in court. The decision is especially significant for Indian professionals, who make up a large share of H-1B visa holders in the United States.

Court Blocks USD 1,00,000 H-1B Fee

According to Reuters, US District Judge Haywood Gilliam in Oakland, California, ruled that US immigration authorities and the State Department did not properly follow the required rule-making process before introducing the new fee. The judge has temporarily blocked the government from enforcing the fee. The ruling follows a separate decision by a federal judge in Boston, who had also temporarily stopped the fee in June.

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JD Vance On H-1B Visa

Earlier on September 21, the Trump administration had extended the fee for another year. On Thursday, US Vice President JD Vance also criticised the current H-1B system and said he would support ending the programme altogether. He described the H-1B programme as “completely broken" and said he would be “very supportive of just eliminating it".

“If you’re going to bring in an accountant making USD 45,000 a year to replace an accountant who is an American making USD 60,000 a year, that’s not you using the programme to bring in a genius. That’s you destroying American jobs and defrauding the American people,” Vance said.

What The US Court Ruling Means For Indians?

The H-1B programme allows US companies to hire foreign professionals for specialised jobs that require specific education or technical skills. The visa can allow workers to stay in the US for several years, which is subject to the programme's rules. The latest ruling is significant for Indians as Indian nationals make up a large share of H-1B beneficiaries.

The ruling means that the USD 1,00,000 fee cannot currently be enforced while the legal challenge continues. It can also reduce immediate financial burden on US employers and Indian professionals affected by the new fee.

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