US District Judge Rejects Plea for Lowering H1-B Visa Fee

A federal judge on Tuesday rejected a challenge by the largest US business lobby against President Donald J Trump’s $100,000 fee on new H1-B visa entries for skilled foreign workers, saying it’s well within his rights and power to regulate immigration. 

US District Judge Beryl Howell in Washington, D.C., rejected arguments by the US Chamber of Commerce that increased H-1 B visa fees could conflict with federal immigration laws and lead to layoffs by many companies, hospitals, and other employers. This will hamper their ability to provide public services. Moreover, the Chamber’s vice president and chief counsel, Daryl Joseffer, said that small and medium-sized businesses will be unable to afford the fee. 

In his judgment, Justice Howell said, “The parties’ vigorous debate over the ultimate wisdom of this political judgment is not within the province of the courts. So long as the actions dictated by the policy ⁠decision and articulated in the Proclamation fit within the confines of the law, the Proclamation must be upheld.”

To this, Jossefer replied in a statement saying, “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.”

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It’s worth mentioning that the H1-B visa allows US companies to hire a foreign, skilled and advanced workforce. Technology companies, in particular, rely heavily on H-1 B visa entrants from countries such as India and China. The program offers 65,000 visas annually, including approximately 20,000 for a three- to six-year period, provided the applicant holds an advanced degree.