A federal judge threw out the Trump administration’s $100,000 fee on H-1B visas for highly skilled workers Monday, which had been challenged by California Attorney General Rob Bonta with 19 other states.
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In the ruling, U.S. District Judge Leo T. Sorokin of Massachusetts declared President Donald Trump’s fee unlawful and said it basically amounted to an illegal tax, essentially agreeing with the states that the $100,000 fee usurps Congress’ constitutional authority to set immigration policy and raise revenue, according to the decision.
The fee narrowed a major pathway for legal immigration that is used by Silicon Valley tech companies, as well as hospitals and universities. The U.S. Chamber of Commerce also had challenged the fees in a separate lawsuit, but the court sided with the Trump administration late last year.
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Before Trump’s decree, H-1B visa applications fees rarely exceeded $5,000 a worker in total, excluding lawyers’ expenses. Universities and nonprofits paid a lower fee than private employers.
The Trump administration is expected to appeal the ruling.
“President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did,” said Taylor Rogers, a White House spokesperson. “The H-1B program has been abused for decades, and President Trump finally took action to fix it.”
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