The White House said the payments were intended to reduce abuse of the program and protect American jobs
A federal judge has struck down President Donald Trump’s $100,000 fee for new visas for skilled workers, ruling that the White House cannot impose the fee without Congressional approval.
Fees applied to new H-1B visa applications filed on behalf of foreign workers outside the United States. The program allows US employers to hire professionals from overseas for up to six years, and is awarded 65,000 new visas a year, with another 20,000 visas available to applicants with advanced degrees. It is widely used by large technology companies.
Trump has claimed that the system has been abused by companies seeking to replace American workers with low-paid foreign workers. In September, he ordered an additional $100,000 in new applications, saying the move would protect American jobs and national security.
On Monday, US District Judge Leo Sorokin ruled in favor of 20 states that opposed the policy. He said the $100,000 payment was a tax, “no matter what the charge is called,” and that the administration had no authority to enforce it.
The Department of National Security has condemned the decision as “open court action,” stressing that the fee was intended to protect American workers and prevent abuse of employment visa programs.
The lawsuit was led by California and joined by other states that argued the fee was illegal and would harm schools, universities, hospitals and other public institutions that rely on skilled foreign workers.
The H-1B program has long divided US policymakers. Supporters say it helps companies fill specific roles, while critics have said it allows companies and staffing companies to cut American workers and suppress wages.
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