The U.S. District Court for the District of Massachusetts.
Wikimedia Commons / 4300streetcar / CC BY 4.0
Federal judge rules H-1B fee is unlawful
A federal judge struck down the Trump administration’s $100,000 H-1B visa fee last week, ruling that the charge functioned as an unconstitutional tax and is outside the executive branch’s scope of authority. The H-1B program is used by employers to temporarily employ skilled foreign workers, including scientists and researchers. The decision contradicts a ruling from a different federal court in December that upheld the fee.
President Donald Trump issued a proclamation in September 2025 adding a $100,000 charge for new H-1B petitions on top of the existing fees of a few thousand dollars. This move was quickly challenged in two lawsuits — one led by a coalition of 20 states, and the other led by the U.S. Chamber of Commerce and groups representing research institutions. A Washington, DC, federal judge rejected the Chamber of Commerce’s bid to block the fee, ruling last year that the President has broad power to regulate immigration. The Trump administration is expected to appeal last week’s decision on the states’ lawsuit, but for now, U.S. Citizenship and Immigration Services may no longer collect the $100,000 fee. Separately, a federal court in Rhode Island recently vacated a Trump administration policy pausing work permits, green cards, and other benefits for US-based applicants who are nationals of the 39 countries on which Trump imposed a travel ban last year. Trump’s travel ban remains in effect.
NIH staff document ongoing disruptions
Current and former National Institutes of Health staff published a document last week outlining issues that continue to disrupt work at the agency under the Trump administration. The letter marks one year since the Bethesda Declaration, an open letter that urged Director Jay Bhattacharya to reverse grant terminations, political review of grants, capping indirect cost rates, and firing staff. The “one year later” document, which lists 39 authors and 27 additional supporters, states that “the chaos of 2025 has been replaced with coordinated, systematic, institutionalized destruction in 2026” and “our initial concerns have only deepened.” Political reviews are delaying notices of research funding opportunities and slowing the approval of awards, and Bhattacharya’s “Unified Funding Strategy” instructs NIH institutes to reduce the influence of peer review scores and expert feedback on funding decisions, the document states. The document also raises concerns about the agency’s workforce, citing “extreme staff shortages” and the new Schedule Policy/Career designation that will make it easier to fire “policy-influencing” staff, which the document says includes “frontline staff and managers involved in regular scientific administrative work.”
NIH responded in an emailed statement that “Director Bhattacharya is committed to transparency, open inquiry, and constructive debate and remains open to continuing direct conversations with the authors of the Bethesda Declaration to discuss their concerns firsthand.”
DOE finalizes strategy for commercial fusion
The Department of Energy published the final version of its national fusion science and technology roadmap last week. The roadmap describes how DOE plans to accelerate fusion energy development, deploying fusion pilot plants and commercial power systems by the mid-2030s. The roadmap identifies multiple science and technology challenges that need to be solved, including challenges related to complex plasma and containment physics. The recently created Office of Fusion will oversee the development and implementation of the roadmap, which also ties into DOE’s Genesis Mission.
The roadmap reflects the objectives for fusion energy sciences identified in the 2020 long-range plan and a 2021 National Academies report. However, the roadmap adds that it factors in significant developments since those reports, including increased private investment in fusion, rapid deployment of data centers and AI infrastructure, and delays to large-scale international fusion experiments, including ITER. “ITER remains a part of the U.S. fusion energy development strategy,” but the private sector provides new opportunities for federal investment, the roadmap states. The president’s budget request for fiscal year 2027 proposes a 55% cut to ITER funding and a 7% increase for fusion research funding.
The rollout of the final roadmap comes a few weeks after JP Allain, inaugural director of the Office of Fusion, left the department. A press release announcing Allain’s departure said he was “instrumental” in the creation of the roadmap. Allain was previously director of fusion energy sciences at DOE. The agency has not announced Allain’s successor to lead the Office of Fusion.
Also on our radar
The House appropriations bill for DOD advanced out of subcommittee and is scheduled for a full committee markup next week.
DOE plans to announce the first Genesis Mission awards on July 22, according to the department’s chief of staff.
A court last week restored 11 clean-energy grants terminated by DOE in October, in addition to the seven restored in April. DOE originally canceled more than 300 awards, mostly in Democrat-led states.
A National Academies committee on attribution science, which links climate conditions to human or other causes, is under scrutiny from conservative groups, according to reporting from Politico.
NIH is seeking input on a proposed policy to cap the number of research grants an individual researcher can lead at one time. Comments are due by Aug. 3.
Tennessee implemented the first state-level regulatory framework for commercial nuclear fusion last week. The state is preparing for a fusion pilot power plant near Oak Ridge National Lab that could begin construction as soon as 2028, the press release states.
GAO found that probationary employees left agencies at higher rates than other federal employees last year following White House directives to reduce the federal workforce.
Thousands of civil servants who work on policy issues have lost job protections.
Upcoming Events
What OMB’s Uniform Guidance proposal means for research
On Wednesday at 4:00 pm, AIP’s Federation team will host a webinar on the White House Office of Management and Budget’s recent Uniform Grants Regulation proposal, which would be the most significant revision to federal grant administration in years. Experts from AIP, APS, and FYI will discuss key proposed changes, potential implications for federally funded research, and how to participate in the public comment process before the July 13 deadline. This event is open to the public. Register here.
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AIP’s research team is gathering first-hand accounts from scientists, engineers, students, and staff whose careers have been affected by policy and funding changes over the past year. Volunteers can submit their stories via this online form. Participants’ stories will be added to the Niels Bohr Library & Archives digital repository as searchable, citable records — with options for anonymity and a five-year embargo period. Read more about the initiative here.
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Recent statements about the high cost of scholarly publishing and subscription fees paid by the federal government may signal major policy changes ahead.