A federal judge in Boston has ruled that the $100,000 fee introduced by US President Donald Trump for certain new H-1B visas is unlawful, saying it amounted to a tax that was never approved by Congress.
The decision was issued on Monday by US District Judge Leo Sorokin in a case brought by 20 Democratic state attorneys general. They challenged the fee announced by Trump in September, which significantly increased the cost of obtaining H-1B visas for highly skilled foreign workers.
The H-1B visa programme allows US employers to hire foreign professionals in specialised fields. Every year, 65,000 H-1B visas are available, along with an additional 20,000 visas for workers who hold advanced degrees. These visas are generally approved for a period of three to six years.
Before Trump’s proclamation, employers applying for an H-1B visa typically paid between $2,000 and $5,000 in fees, depending on various factors. However, the new rule increased the charge to $100,000 for certain visa applications.
According to court filings, the steep fee increase discouraged many employers from seeking H-1B visas. The filings showed that as of February 15, US Citizenship and Immigration Services (USCIS) had received only 85 payments of the $100,000 fee. The administration disclosed this figure in a court filing submitted in March.
The Trump administration argued that the fee was not a tax but a monetary penalty. It maintained that the president had the legal authority under federal immigration law to impose such a charge as part of efforts to restrict the entry of certain foreign nationals into the United States.
However, Judge Sorokin rejected that argument and ruled that the fee was not legally authorized, striking down the measure.
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