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Federal judge rules Trump's $100k fee for H-1B visas unlawful

5 hours ago
  • #Immigration Policy
  • #Legal Ruling
  • #H-1B Visa
  • A US judge invalidated Donald Trump's $100,000 annual fee on H-1B visa applications, ruling it an unlawful tax.
  • The fee was deemed a violation of federal administrative law and the constitution, as only Congress has the power to levy taxes.
  • The ruling vacated the fee, which represented a 20-to-50 fold increase from existing rates, and an appeal from the Trump administration is expected.
  • Trump imposed the fee via presidential proclamation, arguing the H-1B program led to the replacement of American workers.
  • The decision provides relief to Silicon Valley, which heavily relies on the H-1B program for skilled foreign workers.
  • The H-1B visa program allows US employers to hire skilled foreign workers in specialty occupations, with annual caps of 65,000 visas plus 20,000 for advanced-degree holders.
  • Approximately two-thirds of H-1B positions are computer-related, with companies like Amazon, Microsoft, and Meta being major users of the program.