Judge Dismisses Business Group’s Challenge Against Trump’s $100,000 H-1B Visa Fee

A federal judge has recently dismissed a challenge from the largest business lobby group in the U.S. regarding President Donald Trump’s implementation of a $100,000 fee on new H-1B visas. This decision underscores the administration’s broad authority to regulate immigration.

U.S. District Judge Beryl Howell, based in Washington, D.C., rejected the U.S. Chamber of Commerce’s claims that the fee contradicts federal immigration law. The Chamber argued that the fee would force many companies, hospitals, and other employers to reduce their workforce and the services they provide to the public.

“The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts,” Howell wrote. “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.”

It’s noteworthy that Howell was appointed by former President Barack Obama, a Democrat.

The White House has yet to respond to requests for comments regarding this ruling.

Daryl Joseffer, the Chamber’s executive vice president and chief counsel, expressed disappointment in the court’s ruling, stating that many small and medium-sized businesses may struggle to afford the new fee. “We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended,” Joseffer said in a statement.

The H-1B program is crucial for U.S. employers seeking to hire foreign workers with specialized training. Technology companies, in particular, heavily depend on workers who receive H-1B visas. The program typically offers 65,000 visas annually, along with an additional 20,000 for workers holding advanced degrees, with visa durations ranging from three to six years.

Trump’s recent order significantly increases the cost of obtaining H-1B visas, which previously had fees ranging from about $2,000 to $5,000, depending on various factors.

According to the Chamber’s lawsuit, the new fee could compel businesses that rely on the H-1B program to either dramatically increase their labor costs or hire fewer highly-skilled foreign workers.

In addition to the Chamber’s challenge, a coalition of Democratic-led U.S. states, along with various employers, nonprofits, and religious organizations, have also filed lawsuits contesting the fee.

In his order imposing the fee, Trump invoked his authority under federal immigration law to restrict the entry of certain foreign nationals deemed detrimental to U.S. interests. Judge Howell noted that Trump had sufficiently supported his claim that the H-1B program was displacing U.S. workers, citing instances where companies laid off thousands of American employees while simultaneously applying for H-1B visas.

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A federal judge has recently dismissed a challenge from the largest business lobby group in the U.S. regarding President Donald Trump’s implementation of a $100,000 fee on new H-1B visas. This decision underscores the administration’s broad authority to regulate immigration.

U.S. District Judge Beryl Howell, based in Washington, D.C., rejected the U.S. Chamber of Commerce’s claims that the fee contradicts federal immigration law. The Chamber argued that the fee would force many companies, hospitals, and other employers to reduce their workforce and the services they provide to the public.

“The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts,” Howell wrote. “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.”

It’s noteworthy that Howell was appointed by former President Barack Obama, a Democrat.

The White House has yet to respond to requests for comments regarding this ruling.

Daryl Joseffer, the Chamber’s executive vice president and chief counsel, expressed disappointment in the court’s ruling, stating that many small and medium-sized businesses may struggle to afford the new fee. “We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended,” Joseffer said in a statement.

The H-1B program is crucial for U.S. employers seeking to hire foreign workers with specialized training. Technology companies, in particular, heavily depend on workers who receive H-1B visas. The program typically offers 65,000 visas annually, along with an additional 20,000 for workers holding advanced degrees, with visa durations ranging from three to six years.

Trump’s recent order significantly increases the cost of obtaining H-1B visas, which previously had fees ranging from about $2,000 to $5,000, depending on various factors.

According to the Chamber’s lawsuit, the new fee could compel businesses that rely on the H-1B program to either dramatically increase their labor costs or hire fewer highly-skilled foreign workers.

In addition to the Chamber’s challenge, a coalition of Democratic-led U.S. states, along with various employers, nonprofits, and religious organizations, have also filed lawsuits contesting the fee.

In his order imposing the fee, Trump invoked his authority under federal immigration law to restrict the entry of certain foreign nationals deemed detrimental to U.S. interests. Judge Howell noted that Trump had sufficiently supported his claim that the H-1B program was displacing U.S. workers, citing instances where companies laid off thousands of American employees while simultaneously applying for H-1B visas.

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