Judge Sides With Trump Over His $100k Visa Fee

A federal judge Tuesday upheld the Trump administration’s authority to attach a six-figure charge on visas for high-skilled workers.

D.C. District Judge Beryl Howell said that President Donald Trump's decision in September conditioning access to an H-1B visa on a $100,000 payment to the government was within the power Congress delegated to the executive branch under immigration law.

“The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike,” Howell, an appointee of Barack Obama, wrote in a 56-page decision.

She said she was compelled to rule in the administration’s favor due to how Congress had written two parts of the Immigration and Nationality Act: “Congress could have, but did not, impose the limit on presidential authority that plaintiffs’ urge."

The ruling is the first stress test of the policy and a victory for the White House, which is facing additional legal challenges in at least two other courts.

Employers were caught off guard by Trump's announcement this fall, which caused them to scramble together communications for their workers and begin lobbying officials for exemptions. The H-1B visa program has long been a vital labor supply for Silicon Valley, but other industries like rural health care providers have also warned that the $100,000 charge could ultimately hurt members of the president's base in red states.

The U.S. Chamber of Commerce and Association of American Universities, which represents major higher education research institutions, had brought the lawsuit in D.C. court against the Trump administration, arguing that the fee violated congressional intent for the H-1B program.

“The $100,000 fee makes H-1B visas cost prohibitive for businesses, especially small- and medium-sized businesses that can least afford it,” Daryl Joseffer, executive vice president and chief counsel of Chamber of Commerce, said in a statement. “We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended: to enable American businesses of all sizes to access the global talent they need to grow their operations."

The White House did not immediately respond to a request for comment.

The Trump administration has said the new fee is necessary to deter abuse of the H-1B system and to encourage employers to fill positions with American workers rather than hiring immigrants for entry-level positions. The $100,000 charge, officials claim, will ensure employers consider who is worth the cost and target visas toward high-skilled workers, as intended.

The H-1B system is capped annually at 85,000 visas per fiscal year, with 20,000 of those set aside for applicants with advanced degrees. Certain types of employers are also exempt from the cap.

Howell’s ruling came the same day that the Department of Homeland Security finalized a regulation that would overhaul the lottery system used to allocate H-1B visas when demand from employers exceeds the number available under the cap. The new process will be weighted toward higher earners in a given field, rather than granting each applicant the same odds.