Federal judge vacates Trump’s fee for H-1B visas News
rzdigger / Pixabay
Federal judge vacates Trump’s fee for H-1B visas

A judge for the US District Court for the District of Massachusetts on Monday vacated the $100,000 fee, part of a change in immigration policy, for H-1B visas that President Donald Trump had imposed by proclamation in September.

The H-1B visa program allows employers to hire non-immigrant aliens for “specialty occupations” that require expert training and at least a bachelor’s degree or equivalent. It is intended to let American companies fill jobs for which they cannot find American workers. The visas are good for three years and can be renewed for an additional three years.

The president’s proclamation, called “Restriction on Entry of Certain Nonimmigrant Workers,” states that employers have abused and manipulated the visa program, hiring foreign workers for less money while cutting wages, laying off American workers, and reducing the demand for Americans in certain fields. The president implemented a $100,000 fee per visa as solution to the problem, and the threat to national security that he described.

However, a coalition of Democratic state attorneys general, led by California, sued to overturn the fee and policy. Ruling in their favor, Judge Leo Sorkin held that the fee is a tax and that only Congress has the authority to change immigration policy and to levy taxes. As such, it violates the separation-of-powers doctrine in the Constitution. Sorkin vacated the entire policy that implemented the presidential proclamation.