US court upholds Trump's $100,000 fee on new H-1B visas
What's the story
A federal judge has upheld President Donald Trump's decision to impose a $100,000 fee on new H-1B visas for highly skilled foreign workers. The ruling was made by US District Judge Beryl Howell in Washington, D.C., who said the fee fell under Trump's broad powers to regulate immigration. The decision was challenged by the US Chamber of Commerce, America's largest business lobby group.
Court ruling
Judge Howell dismisses chamber's arguments
Judge Howell dismissed the Chamber's arguments that the fee violates federal immigration law and would force many employers to lay off workers and reduce services. She said, "The parties' vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts." The judge also noted that as long as Trump's actions are within legal boundaries, they must be upheld.
Potential appeal
Chamber of Commerce considers further legal action
Daryl Joseffer, the Chamber's executive vice president and chief counsel, said many small and medium-sized businesses may not be able to afford the new fee. He expressed disappointment in the court's decision and hinted at possible further legal action to ensure that the H-1B visa program operates as intended by Congress. The H-1B program allows US employers to hire foreign workers with specialized training in various fields.
Visa details
H-1B visa program and Trump's fee
The H-1B program offers 65,000 visas a year, with an additional 20,000 for advanced degree holders. These are granted for three to six years. However, Trump's order would significantly increase the cost of obtaining these visas from the usual $2,000-$5,000 fees. The Chamber's lawsuit claims this new fee would force businesses relying on the H-1B program to either drastically raise their labor costs or hire fewer highly-skilled foreign workers.
Additional challenges
Other lawsuits challenging Trump's H-1B visa fee
Apart from the Chamber, a group of Democratic-led US states and a coalition of employers, nonprofits, and religious organizations have also challenged the new fee. In his order imposing the fee, Trump cited his authority under federal immigration law to bar certain foreign nationals whose entry would be harmful to US interests. Judge Howell said Trump had sufficiently supported his claim that the H-1B program was displacing US workers.