A US federal judge has upheld the Trump administration’s plan to impose a $100,000 fee on new H-1B visas for high-skilled foreign workers.
US District Judge Beryl Howell ruled in Washington DC on Tuesday that President Donald Trump acted within his legal authority when issuing the proclamation, rejecting a lawsuit filed by the US Chamber of Commerce. The business group had argued the fee violated federal immigration law and would force employers, including hospitals and small businesses, to cut jobs and services.
Howell said the proclamation was issued under an “express statutory grant of authority to the President,” adding that courts are not responsible for judging the political wisdom of the policy.
“So long as the actions dictated by the policy decision and articulated in the Proclamation fit within the confines of the law, the Proclamation must be upheld,” she wrote, according to Reuters.
The Chamber of Commerce had warned that the steep increase would harm employers that rely on skilled foreign labour. Its executive vice president and chief counsel, Daryl Joseffer, said many small and medium-sized businesses would struggle to absorb the cost and confirmed the group is considering further legal options.
The H-1B visa programme allows US employers, particularly in the technology sector, to hire foreign professionals in specialised roles. It issues 65,000 visas annually, with an additional 20,000 reserved for workers holding advanced degrees. Visas are typically valid for three to six years.
Previously, H-1B visa fees ranged from about $2,000 to $5,000. Under Trump’s order, the cost for new applications would rise dramatically to $100,000.
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