Judge Upholds Trump’s $100K H-1B Visa Fee
A federal judge ruled that the Trump administration is permitted to implement a $100,000 fee on new H-1B visa applications, marking a setback for US technology companies that depend on the recruitment of skilled foreign workers. US District Judge Beryl Howell stated in a ruling Tuesday that President Donald Trump’s decision to significantly raise the cost of the popular visa is lawful. The decision strengthens the administration’s efforts to limit immigration and promote the demand for US workers. The US Chamber of Commerce, having initiated a lawsuit to obstruct the proposal, retains the right to appeal. Howell dismissed the Chamber’s assertion that the president lacks the authority to impose the fee, determining that his proclamation was made under “an express statutory grant of authority to the President.”
“Here, Congress has granted the president broad statutory authority, which he has used to issue the proclamation addressing, in the manner he sees fit, a problem he perceives to be a matter of economic and national security,” she wrote. Daryl Joseffer stated that the $100,000 fee renders H-1B visas cost prohibitive. “We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended: to enable American businesses of all sizes to access the global talent they need to grow their operations,” Joseffer said.
The H-1B visa program serves as a fundamental aspect of employment-based immigration, enabling US companies to recruit college-educated foreign workers for specialized roles. In September, Trump signed a proclamation aimed at increasing the application fee to deter companies from misusing a program that he asserted displaces US workers. The allocation of H-1B visas follows a lottery system, with a predominant focus on the tech industry. The US government reports that Amazon, Tata Consultancy Services Ltd., Microsoft, Meta Platforms Inc., and Apple Inc. are among the companies with the highest number of H-1B visas.
The Chamber, the nation’s largest business lobbying group, contended in its October lawsuit that increasing the fee is unlawful as it contravenes federal immigration law and surpasses the fee-setting authority granted by Congress. A coalition of 19 state attorneys general is also contesting Trump’s proclamation. Their lawsuit centers on the anticipated effects on the public sector, especially in health care and education, which also depend on the H-1B visa program. A distinct lawsuit was initiated by an international nurse-staffing agency.
