US court upholds Trump’s $100,000 fee on new H-1B visas

A federal court in the United States has rejected a legal challenge to President Donald Trump’s decision to impose a $100,000 fee on new H-1B visas, ruling that the move falls within the president’s broad authority over immigration policy.

The Hindu reported that US District Judge Beryl Howell, sitting in Washington, DC, dismissed arguments by the US Chamber of Commerce that the steep new fee violates federal immigration law and would force companies, hospitals and other employers to cut jobs and services. In her ruling on Tuesday, the judge said the court could not intervene in what was ultimately a political judgement.

Judge Howell wrote that while there was intense disagreement over the wisdom of the policy, such debates were not for the judiciary to resolve, provided the proclamation remained within the bounds of the law. She concluded that the president had acted within his statutory powers.

The White House did not immediately comment on the ruling.

The Chamber of Commerce expressed disappointment with the decision and signalled that further legal action could follow. Its executive vice-president and chief counsel, Daryl Joseffer, warned that the fee would be unaffordable for many small and medium-sized businesses and could undermine the functioning of the visa programme as set out by Congress.

The H-1B scheme allows US employers to hire foreign professionals in specialised fields, with technology firms among its biggest users. Each year, 65,000 visas are issued under the programme, along with an additional 20,000 for applicants holding advanced degrees. Visas are typically granted for periods ranging from three to six years.

Until now, the cost of securing an H-1B visa generally ranged between $2,000 and $5,000, depending on various charges. The new order represents a sharp increase and, according to the Chamber’s lawsuit, would leave employers choosing between significantly higher labour costs or hiring fewer highly skilled foreign workers.

Legal challenges have also been brought by a group of Democratic-led states and a coalition of employers, non-profit bodies and religious organisations, all opposing the fee.

In imposing the charge, President Trump cited provisions of federal immigration law that allow restrictions on the entry of foreign nationals deemed detrimental to US interests. Judge Howell accepted that the administration had sufficiently justified its position, noting that it had pointed to instances where companies laid off large numbers of American workers while continuing to seek H-1B visas.

Judge Howell, who was appointed by former president Barack Obama, ruled that the administration’s reasoning met the legal threshold required to sustain the policy.

With agency inputs