A recent ruling confirmed that the Trump administration can impose a $100,000 charge on certain new H-1B visa applications, marking a significant legal win for the federal government.
Writing from Washington, DC, US District Judge Beryl Howell explained that President Donald Trump’s September 19 order to raise visa fees is supported by existing laws that grant the president wide authority over the entry of both immigrants and nonimmigrants.
In her opinion, Howell noted that Congress intentionally gave the president expansive power to limit the entry of noncitizens whenever such entry is deemed harmful to US interests, relying on a plain reading of the relevant statutes.
She also emphasized that the ruling should not be seen as minimizing the role H-1B workers have played in the US economy, stating that the broader economic or national security impact of the program was not part of the court’s review.
The lawsuit challenging the policy was brought by the US Chamber of Commerce and the Association of American Universities, both of which retain the option to appeal the judge’s decision.
Earlier, when seeking an emergency injunction, the plaintiffs argued that presidential authority does not extend to effectively reshaping a visa program by placing an unusually high fee on US employers and tying visa access to their ability or willingness to pay.
The September presidential proclamation, which the administration said was aimed at preventing abuses and pushing companies to invest more in training American workers, created confusion across the tech sector as firms rushed to understand how the new rules would affect them.
Officials later clarified that the increased fee would apply only to newly issued H-1B visas, easing some concerns among employers already relying on existing visa holders.
Over the years, the H-1B program has become deeply embedded in the technology industry, allowing US companies to recruit highly skilled professionals from around the world.
