A federal judge has ruled the Trump administration can make H-1B program changes, including a $100,000 fee on new applications.
U.S. District Judge Beryl Howell found the administration’s authority under immigration law permits the charge on new applications.
“The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike,” Howell wrote in her decision.
The H-1B program allows U.S. employers to hire foreign professionals for specialized occupations in fields such as technology, engineering, medicine, and science.
A presidential proclamation which unveiiled the changes in September said the $100,000 fee would apply to new H-1B visa applications filed after that date.
The U.S. Chamber of Commerce, which brought the lawsuit alongside allied organizations including research universities and employer associations, argued the fee would undermine Congress’ framework for the program and place excessive financial burdens on U.S. employers
Supporters of the fee argue that the steep price tag is intended to curb perceived abuses of the H-1B visa by incentivizing employers to hire American workers and reducing reliance on lower-wage foreign labor.
This is a developing story; updates to follow.
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