US court rejects largest business lobby group’s challenge to Trump’s $100,000 H-1B visa fee
U.S. District Judge Beryl Howell in Washington, D.C., rejected arguments from the U.S. Chamber of Commerce that the fee conflicts with “federal immigration law” and would lead many companies, hospitals and other employers to cut jobs and services they provide to the public.
“The parties’ heated debate about the ultimate wisdom of this political decision is not within the jurisdiction of the courts,” Howell wrote. “As long as the actions required by the policy decision and spelled out in the Declaration are within the limits of the law, the Declaration should be approved.”
Howell is an appointee of former Democratic President Barack Obama.
The White House did not immediately respond to a request for comment.
Daryl Joseffer, the chamber’s executive vice president and general counsel, said “many small and medium-sized businesses cannot afford the fee.”
“We are disappointed in the court’s decision and are evaluating further legal options to ensure the H-1B visa program operates as Congress intended,” Joseffer said in a statement. he said. The H-1B program allows U.S. employers to hire foreign workers trained in specialized fields. Tech companies, in particular, rely heavily on workers receiving H-1B visas. The program offers 65,000 visas per year; it also offers another 20,000 visas for workers with advanced degrees approved for three to six years.
Trump’s order would sharply increase the cost of obtaining H-1B visas, which typically come with fees of about $2,000 to $5,000, depending on a variety of factors.
In its lawsuit, the agency says the new fee will force businesses that rely on the H-1B program to choose between significantly increasing labor costs or hiring fewer highly skilled foreign workers.
A group of U.S. states led by Democrats and a coalition of employers, nonprofits and religious organizations have also filed lawsuits challenging the fee.
In an order establishing this fee, Trump exercised his authority under federal immigration law to restrict the entry of certain foreign nationals who would harm U.S. interests.
On Tuesday, Howell said Trump adequately supports his claim that the H-1B program is displacing U.S. workers by citing examples of companies laying off thousands of Americans while simultaneously petitioning for H-1B visas.
