A United States federal court has overturned a controversial policy introduced by former President Donald Trump that imposed a $100,000 application fee on H-1B visa petitions. The ruling, delivered on Monday, June 8, by US District Judge Leo Sorokin, represents a significant victory for foreign professionals seeking employment opportunities in the United States, including many skilled Nigerian workers.
Court Ruling on H-1B Visa Fee
Judge Leo Sorokin determined that President Trump lacked the legal authority to implement such a fee without congressional approval. The judge emphasized that only Congress, not the executive branch, holds the power to impose taxes or fees related to immigration. In his judgment, Sorokin stated: "The President had no power or delegated authority to impose a tax on H-1B petitions." The legal challenge was initiated by a coalition of Democratic state attorneys general, who argued that the fee overstepped executive authority.
Impact on Nigerian Professionals
The decision removes a major financial hurdle that threatened to limit access to the H-1B visa programme, which is highly sought after by skilled workers in industries such as technology, engineering, healthcare, and finance. Nigerian professionals, in particular, stand to benefit as the now-cancelled fee had raised concerns that talented applicants could be priced out of opportunities despite meeting all eligibility requirements. The H-1B visa allows qualified foreign professionals with specialized skills and university degrees to work in the United States for an initial period of three years, renewable for an additional three years.
Background of the Policy
Trump had defended the $100,000 fee as part of broader efforts to curb what he considered misuse of the visa programme. However, economists have long argued that the H-1B programme helps American companies recruit specialized talent, expand operations, and remain globally competitive. The US Department of Justice has indicated it will continue supporting measures aimed at protecting American workers and ensuring employer compliance with the programme's intended purpose.
Broader Context
In a separate development, US authorities have moved to revoke the citizenship of a Nigerian national convicted for his role in a large-scale identity theft and tax fraud operation. The Department of Justice filed a civil complaint seeking to strip Emmanuel Oluwatosin Kazeem of his American citizenship, alleging that the status was obtained through deception and concealment of criminal conduct. The complaint was lodged at the US District Court in Baltimore, Maryland.
