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    IMMIGRATION                                                          JANUARY 23, 2026      |  The Indian Eye 35

            nonimmigrant visa program “con-   fornia, Colorado, Connecticut, Del-  that will give priority to those being  not  benefit  employers  who  need  to
            tains the clear statement necessary to  aware, the District of Columbia,  offered level 4 wages and the $100,000  also hire workers based overseas es-
            delegate to the president Congress’s  Hawaii, Illinois, Maine, Maryland,  H-1B fee that was upheld by a federal  pecially  nonprofits,  universities  and
            power to impose taxes on U.S. em-  Massachusetts,  Michigan,  Minneso-  district court.               startups. Even those who were previ-
            ployers.”                         ta, Nevada, New Jersey, New Mexico,   I  have  opined  that  with  the  ously counted under a prior H-1B lot-
                “What is more, the proclamation  New York, North Carolina, Oregon,  $100,000 there will be fewer H-1B  tery but are based overseas, a new pe-
            takes a wrecking ball to Congress’s  Rhode Island, Vermont, Washington,  petitions  filed  on  behalf  of  benefi-  tition filed on their behalf will have to
            carefully crafted design of the pro-  and Wisconsin.                ciaries outside the US and most of  be accompanied by the $100,000 fee.
            gram — in overriding the program in   Impact of the Combination of   the  beneficiaries  competing  for  the   The two actions from the Execu-
            this manner, it exceeds the bounds of   the Wage Prioritization Rule   limited 85,000 H-1Bs per year will be  tive Branch will not just kill the H-1B
            the president’s lawful authority,” the   and the $100,000 Fee       mainly students in the US in F-1 sta-  visa program but will also stymie inno-
            groups said.                                                        tus. They may have a better chance of  vation and prevent the entry of talent-
                Furthermore, multiple states       or further insights, watch my  selection even if they are not paid the  ed foreign nationals who will ultimate-
            joined  an amicus brief supporting     interview on CNBC/TV18 with  highest-level wage.               ly contribute to the US. It is hoped
            plaintiffs in Global Nurse Force v.  Festeemed  colleague  Steven       While the $100,000 may help stu-  that courts will find both the actions
            Trump, filed in the Northern District  Brown regarding the H-1B new rule  dents in F-1 status in the US, it will  unlawful and contrary to the INA.
            of California. There is hope that the   ________________________________________________________________________________________________________________________________________________________________________________________________
            DC Circuit Court of Appeals and an-
            other district court will rule different-  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta & Part-
            ly from Judge Howell’s decision. The   ners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former
            brief in Global Nurse Force v. Trump   chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee, Appellate Di-
            asks the judge to temporarily block a   vision, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers for Legal Services
            new Trump administration policy to
            charge new H-1B immigrant visa ap-  and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the Board of Trustees of the American Im-
            plicants a $100,000 fee. Among other   migration Council and former chair of the Committee on Immigration and Nationality Law of the New York City Bar Association. He
            things, the states and other plaintiffs   is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an adjunct professor of law at
            argue that the fee would exclude   Brooklyn Law School, where he teaches a course entitled Immigration and Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein
            from  hiring  qualified  H-1B  workers   Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael Maggio Memorial Award for his outstand-
            nonprofits  and  schools  that  are  un-
            able to afford it.                ing efforts in providing pro bono representation in the immigration field. He has also received two AILA Presidential Commendations
                The amicus brief includes the   in 2010 and 2016.  Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s Who Legal – Corporate
            attorneys general of Arizona, Cali-  Immigration Law 2019 and is also ranked in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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