A US federal court has upheld the Trump administration’s decision to proceed with President Donald Trump’s proposal to introduce a $100,000 fee for new H-1B visas issued to high-skilled foreign workers.
US District Judge Beryl Howell, sitting in Washington, DC, on Tuesday dismissed a lawsuit filed by the US Chamber of Commerce, which had challenged the policy. The group argued that the steep increase violated federal immigration law and would compel companies, hospitals and other employers to cut jobs and reduce services.
In her ruling, Judge Howell said President Trump acted within his legal powers, stressing that the proclamation was made under an “express statutory grant of authority” granted to the president.
She noted that the court could not rule on the political merits of the decision, stating that as long as the policy and the actions set out in the proclamation comply with the law, the court is bound to uphold it, Reuters reported.
The Chamber of Commerce had maintained that the president lacked the authority to impose such a fee and warned that businesses dependent on skilled foreign labour would be severely affected.
Reacting to the ruling, the chamber’s executive vice president and chief counsel, Daryl Joseffer, said many small and medium-sized enterprises would find the new cost difficult to bear. He added that the organisation was disappointed with the decision and was considering further legal steps to ensure the H-1B visa programme operates as intended by Congress.
The H-1B visa programme allows US employers to recruit foreign professionals in specialised occupations and is widely used in the technology sector. Each year, 65,000 visas are issued, with an additional 20,000 reserved for applicants with advanced degrees, typically valid for three to six years.
Previously, H-1B application fees ranged from about $2,000 to $5,000. Under Trump’s order, however, the cost for new applications would surge dramatically to $100,000.
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