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A U.S. federal judge has upheld the Trump administration’s move to proceed with President Donald Trump’s proposal to impose a $100,000 fee on new H-1B visas for high-skilled foreign workers.
U.S. District Judge Beryl Howell, sitting in Washington, D.C., on Tuesday dismissed a lawsuit filed by the U.S. Chamber of Commerce, which argued that the steep fee violated federal immigration law and would force companies, hospitals and other employers to cut jobs and essential services.
In her ruling, Howell held that Trump had the legal authority to impose the fee, noting that the presidential proclamation was issued under “an express statutory grant of authority to the President.”
“The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts,” Howell wrote, according to Reuters.
“So long as the actions dictated by the policy decision and articulated in the Proclamation fit within the confines of the law, the Proclamation must be upheld,” she added.
The Chamber of Commerce had contended that the president lacked the power to impose such a fee and warned that it would negatively affect employers that rely on skilled foreign labour.
Its executive vice president and chief counsel, Daryl Joseffer, said many small and medium-sized businesses would struggle to afford the cost. “We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa programme can operate as Congress intended,” Joseffer said in a statement.
The H-1B visa programme allows U.S. employers to hire foreign workers in specialised fields and is widely used by technology companies. The programme issues 65,000 visas annually, with an additional 20,000 reserved for workers with advanced degrees. Visas are typically valid for three to six years.
Previously, H-1B visa fees generally ranged between $2,000 and $5,000, depending on various factors. Under Trump’s order, however, the fee for new H-1B applications would increase sharply to $100,000.
