A federal judge said the Trump administration could move forward Fee of $100,000 for new H-1B visa applications, a setback for U.S. tech companies that rely on hiring skilled foreign workers.
U.S. District Judge Beryl Howell said in a ruling Tuesday the decision President Donald Trump’s move to dramatically increase the cost of the popular visa is legal. The resolution strengthens the administration’s campaign to restrict immigration and stimulate demand for U.S. workers. The U.S. Chamber of Commerce, which blocked the measure, may appeal.
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Howell rejected the House argument has no authority He called on the President to impose the tariff, concluding that his proclamation had been issued pursuant to “an express grant of statutory authority to the President.”
“Congress has agreed to this broad authority “The President has broad statutory authority, which he has used to issue the proclamation and to address, in any manner he deems appropriate, what he believes is a matter of economic and national security,” he wrote.
Daryl Joseffer, executive vice president of the chamber, said in a statement the rate $100,000 makes the cost of H-1B visas prohibitive.
“We are disappointed the decision of the court and are currently exploring other legal options to ensure that the H-1B visa program can function as Congress intended: giving American companies of all sizes access to the global talent they need to grow their businesses,” Joseffer said.
The H-1B visa program is a pillar employment-based immigration and allows U.S. companies to hire college-educated foreign workers for specialized occupations. In September, Trump signed a declaration raising the filing fee to stop companies from abusing a program that displaces U.S. workers.
H-1B visas are issued through Lottery systembut are mainly used in the technology industry. According to the U.S. government, Amazon, Tata Consultancy Services Ltd., Microsoft, Meta Platforms Inc. and Apple Inc. are among the companies with the highest number of H-1B visas.
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The Chamber, the country’s largest business lobbying group, argued in its lawsuit filed in October the increase The amount of the fee is illegal because it violates federal immigration law and exceeds the fee-setting authority granted by Congress.
A group of 19 attorneys general is also there Challenging the Proclamation from Trump. Their lawsuit focuses on the projected impact on the public sector, particularly in the areas of health and education, which also depend on the H-1B visa program. A global nursing staffing agency filed a separate lawsuit.
The case is Chamber of Commerce v. U.S. Department of Homeland Security, 25-cv-03675, U.S. District Court, District of Columbia (Washington).
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