A judge has ruled that the US$100,000 annual fee on United States H-1B visa applications violates federal administrative law and the Constitution.
The ruling in a lawsuit filed by 20 state attorneys general challenging the fee that President Trump announced in September found that the fee amounted to a tax, rather than a regulatory restriction, and that the Constitution gives Congress, not the president, the exclusive power to levy taxes.
The ruling will provide relief to the technology sector that depends heavily on the H-1B visa program. Amazon had more than 10,000 H-1B visas approved in the first half of 2025, with Microsoft and Meta each having more than 5,000. The program allows U.S. companies to hire skilled foreign workers in specialty occupations for up to six years, with 65,000 visas issued each year in addition to 20,000 for advanced-degree holders.
The Trump administration is expected to appeal the ruling.
IAM Member Impact: The ruling represents good news for the international moving industry and talent mobility. While not all H-1B visa holders bring household goods and personal effects, the program does generate moving activity.
Source: The Guardian