A U.S. federal court has struck down a controversial annual fee of $100,000 (approximately KSh13 million) imposed on certain H-1B visa holders, offering relief to skilled foreign workers seeking employment opportunities in the United States.

The fee was introduced by President Donald Trump's administration in September 2025 and targeted H-1B visa holders who remained in the United States beyond an initial period. The policy required affected workers to pay the $100,000 fee annually to maintain their visa status.

However, U.S. District Judge Leo Sorokin ruled that the administration exceeded its authority by imposing the charge without approval from Congress. The judge found that the fee functioned more like a tax than a regulatory charge, making it unlawful under the U.S. Constitution.

The H-1B visa programme is widely used by American employers to recruit highly skilled foreign professionals in sectors such as technology, engineering, healthcare and research. Critics of the fee argued that it would discourage global talent from working in the United States and make it more difficult for employers to fill specialised positions.

The lawsuit challenging the policy was brought by a coalition of Democratic-led states, which maintained that the fee would hurt businesses, universities and research institutions that depend on international expertise.

The ruling is expected to be welcomed by professionals around the world, including many Kenyans seeking opportunities in the U.S. job market through the H-1B visa programme. While the Trump administration is expected to appeal the decision, the court's ruling temporarily removes a significant financial barrier for skilled workers hoping to build careers in the United States.