Appeals Court Upholds Ban on $100,000 H-1B Visa Charge
A US federal appeals court has blocked the Trump administration from charging a high $100,000 fee for new H-1B visas. This decision came on Friday. The fee was for highly skilled foreign workers.
The Boston-based 1st US Circuit Court of Appeals rejected a request. This request wanted to stop a lower court’s ruling. That ruling was made on June 8.
Twenty state attorneys general from the Democratic Party filed a lawsuit. The lower court judge said the $100,000 fee was an unlawful tax. Congress had not given permission for this tax.
The appeals court had three judges. All of them were appointed by Democratic presidents. They said the Trump administration did not show it would likely win an appeal. The administration failed to prove it had the power to set this fee.
US President Donald Trump issued a statement in September. It greatly increased the cost of getting H-1B visas. Tech companies use these visas often. They help bring foreign workers to the country.
The H-1B program provides 65,000 visas each year. Another 20,000 visas are for workers with advanced degrees. These visas are approved for three to six years.
Before President Trump’s change, employers usually paid less. They paid about $2,000 to $5,000 in fees for a foreign worker visa. The exact amount depended on different factors.
President Trump said the H-1B program was being used wrongly. He claimed it replaced American workers with lower-paid, lower-skilled labor. He said it should only add to the workforce.
The new $100,000 fee does not apply to everyone. It does not apply to foreign citizens already in the US on student visas. Many new H-1B recipients are already in the country this way.
Few employers have paid this high fee since it started. The White House did not immediately comment on the court’s decision.
