Federal judge strikes down Trump's $100,000 fee on new H-1B visas
In this Aug. 17, 2018, file photo, people arrive before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office in Miami. Wilfredo Lee/AP hide caption BOSTON — A federal judge on Monday struck down the Trump administration's $10
In this Aug. 17, 2018, file photo, people arrive before the start of a naturalization ceremony at the U.S. Citizenship and Immigration Services Miami Field Office in Miami. Wilfredo Lee/AP hide caption
BOSTON — A federal judge on Monday struck down the Trump administration's $100,000 fee on new H-1B visas, contradicting an earlier federal court ruling upholding the fee hike.
The administration announced the much-higher fee as a way of preventing foreign workers from taking American jobs.
But U.S. District Court Judge Leo Sorokin in Boston sided with 20 states and struck down the visa policy, concluding that the executive branch exceeded its authority and violated the Administrative Procedure Act, which governs how federal agencies develop and issue regulations.
"The Court finds that the Policy imposes a tax on H-1B petitions without the requisite delegation by Congress," Sorokin wrote.
H-1B visas are meant for high-skilled jobs that are difficult to find American workers to fill. Deep-pocketed technology companies are the biggest users, with nearly three-quarters of approvals going to workers from India. The states argued that using the H-1B program to fill vacancies for much-needed doctors and teachers was already difficult before the higher fee.
Most H-1B visa applications cost several thousand dollars before the announced increase set off a wave of panic among confused employers, students and workers in the United States and abroad and led to several lawsuits, including in Boston.
The U.S. Chamber of Commerce also sued, in federal court in Washington, D.C., and has appealed a denial of a summary judgment against the fee hike. That left the higher fee in effect, at least until September 2026, when it is scheduled to expire. Monday's ruling is also a summary judgment, to the opposite effect. Still another lawsuit was filed in federal court in San Francisco, by religious groups and labor organizations, setting up the possibility of divided rulings in three appellate court circuits.
