▲ The Trump administration announces an increase in fees for U.S. professional visas.
A U.S. federal court has ruled that the Trump administration's decision to raise the application fee for H-1B professional visas to $100,000 (approximately 150 million won) is illegal, Reuters reported on June 8 (local time).
According to the report, Judge Leo Sorokin of the U.S. District Court for the District of Massachusetts ruled in favor of a lawsuit filed by attorneys general from 20 Democratic-led states, including California, who sought to cancel the high H-1B visa fee. The judge determined that the $100,000 fee constitutes an illegal tax that was not approved by Congress.
"The nature and application of the $100,000 payment, whatever it is called, reveal it to be a tax," Judge Sorokin stated.
The H-1B visa is issued for professional positions in science, technology, engineering, and mathematics (STEM) fields, with an annual cap of 85,000 visas granted through a lottery system.
It allows for an initial three-year stay, with the possibility of extension and the option to apply for permanent residency.
Last September, President Trump raised the H-1B visa fee to $100,000—a 100-fold increase from the previous $1,000 (approximately 1.5 million won)—drawing criticism from industries that rely on hiring professionals with H-1B visas.
The Trump administration has held the view that companies use H-1B visas, which have a high proportion of Chinese and Indian nationals, to bring in foreign labor at a lower cost, thereby displacing American workers.
On the other hand, many companies have maintained that H-1B visas are essential for addressing labor shortages in specific fields within the United States.
According to documents submitted to the court during the lawsuit, H-1B visa applications have significantly declined since the fee hike.
As of February 15, the U.S. Citizenship and Immigration Services (USCIS) had received only 85 applications under the $100,000 fee structure.
※ Please note: This article was translated by AI and may contain errors.