H-1B visas cost more, but that may not solve the problem
Obtaining an H-1B visa would cost a company $100,000, but the fee may not be an incentive for companies to hire American workers.
A U.S. District Court judge on Monday, June 8, struck down President Donald Trump’s policy of imposing a $100,000 fee on new H-1B visas, which are popular among high-tech industries and universities to hire foreign skilled workers.
Judge Leo Sorokin in Boston ruled in a lawsuit brought by about 20 Democratic state attorneys general that the tax amount was illegal and never approved by Congress.
A total of 20 top prosecutors from each state objected to the fees announced by President Trump in September that significantly increased the cost of obtaining special visas.
USA TODAY previously reported that Trump’s fees were part of a broader strategy to favor American citizens over foreign workers. The hike in visa costs comes amid immigration reform and a crackdown on deportations, which are the centerpieces of the Trump administration’s 2024 presidential campaign.
“The nature and purpose of the $100,000 payment make it clear that it is a tax, regardless of what it is called,” Sorokin wrote in his 42-page decision.
The program offers 65,000 visas annually, with an additional 20,000 visas approved for three to six years for workers with advanced degrees. Employers seeking visas for foreign workers before President Trump’s proclamation typically paid fees of about $2,000 to $5,000, depending on a variety of factors.
Court filings say the increased costs are preventing people from applying for H-1B visas.
As of February 15, U.S. Citizenship and Immigration Services had received just 85 out of $100,000 in fees, according to Reuters. The administration made the announcement in a March filing.
Sorokin, who was appointed by former Democratic President Barack Obama, ruled that the fee was not a fine but a tax that lacked the authorization of Congress issued by the Republican president.
“The policy implementing the Declaration is declared illegal and void in its entirety,” Sorokin concluded in his ruling.
“President Trump has clear legal authority to restrict the entry of any type of foreign national he deems not to be in the best interests of the United States, and that is exactly what he has done,” White House Press Secretary Taylor Rogers said in a statement to USA TODAY.
“The H-1B program has been abused for decades, but President Trump has finally taken action to fix it,” Rogers said.
Can I appeal an H-1B visa decision?
Yes, even though the judge canceled the $100,000 fee, under the law you can appeal this decision in Superior Court.
White House Press Secretary Rodgers said federal officials intend to appeal the decision, saying, “A federal judge in Washington has already upheld a nearly identical order, and the administration is confident that the order will be reversed on appeal.”
At least three lawsuits have been filed challenging enforcement of the $100,000 fee, including one by the U.S. Chamber of Commerce, which is appealing a December ruling by a Washington judge that rejected arguments that Trump lacked the authority to set the fee.
Contributor: Reuters; Bert Jansen, USA TODAY
Natalie Neisa Alland is a senior reporter at USA TODAY. Contact her at nalund@usatoday.com and follow her at X @nataliealund.
