H-1B Visa Fee Hike Is 'Illegal Grandstanding', Says US Immigration Lawyer

US President Donald Trump had signed a sweeping proclamation imposing a new $100,000 annual fee for H-1B visa applications, marking a big shift in U.S. skilled worker immigration policy. According to US immigration lawyer Charles Kuck, the proposed H-1B visa fee hike is an "illegal" act of "grandstanding" and a clear message to discourage companies from utilizing the visa program.

Kuck, in an interview with Business Today, stated that the US President does not have the legal authority to increase the fees, as such a decision would require approval from the US Congress. He believes the regulation will ultimately be blocked by a federal court, asserting it "will never see the light of day."

Kuck argues that the proposed fee hike would cause significant damage to the US economy by limiting the country's ability to hire "the best people in the world." He emphasises the importance of foreign nationals on H-1B visas, noting they constitute 25% of all doctors in America. He also dismisses the debate surrounding the visa as a "red herring," pointing out that H-1B visas have been oversubscribed since 1996 and the annual number of visas granted is a small fraction of the total US workforce. Kuck concludes that the issue is a political distraction and not a genuine economic concern.

The new measure requires U.S. companies to pay $100,000 per year to sponsor each H-1B worker, a sharp increase from previous fees that typically ranged from $1,700 to $4,500.

The changes pose substantial new costs for major tech employers such as Amazon, Microsoft, Google, Meta and more which rely heavily on international talent to fill specialised roles.

Last year, Indian citizens accounted for 71% of all H-1B approvals as per official data, meaning the visa hike will especially affect Indian technology workers and their sponsoring U.S. companies. Currently, the visas are valid for three years and can be renewed for another three years.