The U.S. Chamber of Commerce and the Association of American Universities had argued that Trump did not have the authority to impose the tuition fees he announced in September.
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.
WASHINGTON – A federal judge has dismissed the U.S. Chamber of Commerce’s lawsuit challenging President Donald Trump’s $100,000 visa fee for high-skilled foreign workers.
U.S. District Judge Beryl Howell in Washington, D.C., ruled that Congress authorized the president “to impose any restrictions he deems appropriate on the entry of aliens.”
“Congress could have imposed the limits on presidential power sought by plaintiffs, but it did not,” Howell wrote in his 56-page opinion.
The Chamber of Commerce, which advocates for 300,000 companies, and the Association of American Universities, which advocates for 69 research-based institutions, argued that the Trump administration does not have the authority to impose fees on new H-1B visa applications, which the president imposed in September.
Trump’s fees are part of a broader strategy to favor American citizens over foreign workers. The visa fee increases come amid a broader crackdown on illegal immigration, including mass deportations of undocumented immigrants and suspension of entry permits for asylum seekers pending legal cases.
The H-1B visa program is reserved for people in technology-related professions, such as software engineers, technical program managers, and other IT professionals. The visa is valid for 3 to 6 years.
India was the largest beneficiary of H-1B visas last year, accounting for 71% of approved beneficiaries, according to government data. China was a distant second with 11.7%.
Before President Trump imposed the fee, the federal government was handing out 85,000 H-1B visas a year, mostly to technical workers, and U.S. Citizenship and Immigration Services said the agency had already received enough petitions for the full year starting Oct. 1. Amazon approved more than 10,000 visas last year, and Microsoft and Meta each approved more than 5,000 visas, according to government agencies.
Walmart, America’s largest private employer, announced in October that it would suspend job openings to foreign candidates who require H-1B visas. Walmart, which operates a fast-growing online marketplace similar to that run by Amazon, employed more than 2,000 H-1B visa holders at the time, according to government data obtained by USA TODAY.
Despite fees, Trump says H-1B visas are needed for ‘certain talents’
Trump told Fox News in November that he needed H-1B visas to “attract talent,” but he has been criticized by some supporters for defending H-1B visas.
“You have no special talent,” he said.
Elon Musk, a tech billionaire and former Trump adviser, advocated the H1-B program and received a rebuke from Steve Bannon, a prominent MAGA figure who served as White House chief strategist during Trump’s first term.
