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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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