H-1B Fee Hike Gets Backlash

Meanwhile, the Indian Embassy in Washington launched an emergency helpline to assist affected Indian nationals. On its X handle, the embassy posted: Indian nationals seeking emergency assistance may call cell number +1-202-550-9931 (and WhatsApp). This number should be used only by Indian nationals seeking immediate emergency assistance and not for routine consular queries.”

Legal specialists argued that the executive order overstepped presidential authority. Visa fee structures of such magnitude are set by Congress and the US Citizenship and Immigration Services (USCIS), not the White House, they said.

“This proclamation tries to bypass both legislative and regulatory frameworks,” said an attorney representing a coalition of immigration advocates. Prominent lawyers like Greg Siskind, Charles Cook, and Abhinav Tripathi have emphasised the lack of presidential authority for such fee impositions and the tendency of courts to block improperly structured executive actions.

Tripathi, founder of Protego Law Group, explained that the President’s authority under INA 212(f), which allows suspension of non-citizen entry, was upheld in the 2018 Supreme Court case ‘Trump v. Hawaii’. However, that ruling addressed a travel ban, not a financial condition disguised as a visa fee.

"Conditioning entry on a six-figure payment looks more like taxation, which only Congress can impose. Congress has already set the H-1B fee structure. A presidential proclamation cannot override that,” Tripathi said. He noted that enforcement without proper regulatory procedures would violate the Administrative Procedure Act.

Advocacy groups have filed motions seeking temporary restraining orders or nationwide injunctions to block the fee’s implementation, potentially pausing the order nationwide while courts assess its legality.

Democrats have decried the order as anti-immigrant and economically harmful. Senator Mark Warner warned it would limit America’s ability to attract world-class talent, damaging universities and the economy. Republican responses are mixed, with some praising the crackdown but many cautioning it risks harming American competitiveness. Even some administration officials have expressed doubts about enforceability and anticipate lengthy legal battles.

The tech sector, principal employer of H-1B workers, has reacted with alarm. Companies like Amazon, Microsoft, Meta, and Alphabet have advised their H-1B employees to remain or return to the US. Legal uncertainties have led internal communications to describe the order as “chaotic” and “disruptive,” warning of forced layoffs, offshore relocations, and major workforce instability if upheld. A Microsoft executive warned the order could cripple US innovation.

Legal experts expect that if courts grant injunctions, the order will be suspended nationwide with no fees collected until a final ruling. The challenges center on whether the order constitutes an unlawful financial barrier to entry and exceeds presidential authority under immigration laws.

If struck down, the order would be invalidated with refunds issued. Upholding it would set a precedent for using executive power to reshape immigration through fees, though this is widely seen as unlikely. For now, lawmakers, experts, and businesses are adopting a “wait and watch” stance as the courts prepare to review the controversial order.