Trump’s $100,000 H-1B Visa Fee Blocked Again by Federal Judge
- A federal judge in Oakland, California, ruled against the Trump administration's $100,000 H-1B visa fee, citing procedural failures by two federal agencies
- The ruling came after a Boston judge issued a similar block in June, with an appeals court refusing to overturn that decision in July
- The case is one of at least three separate legal challenges targeting the fee, which Trump recently extended for another year
PAY ATTENTION: Mark Legit.ng as a preferred source, and our content will appear higher in your Google feed!
Legit.ng journalist Ridwan Adeola Yusuf has over 9 years of experience covering global affairs.
Washington, USA - A second federal judge has blocked the $100,000 fee that US President Donald Trump imposed on new H-1B visas, dealing another legal setback to an immigration policy that has drawn fierce opposition from businesses and civil society groups.
As reported by The Straits Times, US District Judge Haywood Gilliam, sitting in Oakland, California, ruled on Wednesday, September 30, that US Citizenship and Immigration Services and the State Department bypassed required rule-making procedures when they rolled out the fee. Gilliam, who was appointed by former President Barack Obama, granted a request by a coalition of unions, employers, and nonprofits to suspend the fee while their October lawsuit proceeds through the courts.
Source: Facebook
Trump’s H-1B fee faces more challenges
According to Reuters, this is not the first time a court has stepped in. A federal judge in Boston temporarily halted the fee in June in a separate case filed by 20 US states. A Boston-based appeals court declined in July to lift that order. A third challenge has come from the US Chamber of Commerce, the country's biggest business lobbying group, which is currently appealing a ruling that rejected its argument that Trump lacked the authority to set the fee in the first place.
The Department of Homeland Security moved in August to establish a permanent version of the fee, putting it at roughly $103,000. However, that process raises different legal questions from the current lawsuits, which centre on whether the president can unilaterally set such a charge.
Source: Getty Images
The original fee was due to expire on September 21, but Trump extended it by another year. The White House did not respond to requests for comment on the latest ruling.
Democracy Forward, a left-leaning legal group representing the plaintiffs, welcomed the decision.
"Today's decision protects a system that was thrown into chaos overnight," said Steve Bressler, a lawyer with the group.
What does H-1B programme cover?
The H-1B visa programme allows US employers to bring in foreign workers trained in specialist fields. Technology companies are among its biggest users. The programme makes 65,000 visas available each year, with an additional 20,000 reserved for workers holding advanced degrees, valid for three to six years.
Before Trump's order, H-1B fees typically ranged from about $2,000 to $5,000 depending on the circumstances, making the new $100,000 charge a dramatic increase. Trump justified the fee by invoking presidential powers under federal immigration law to restrict the entry of foreign nationals deemed harmful to US interests, arguing that companies had exploited the programme to replace American workers with cheaper foreign labour.
The administration has also tightened vetting requirements for H-1B applicants and proposed a revised selection process that would give preference to higher-skilled, better-paid workers.
Read more on Donald Trump
- Trump revokes secret service protection for Kamala Harris
- Trump immigration crackdown: Pastor who has lived in USA for 24 years arrested by ICE
Trump reacts to Swift-Kelce engagement
Earlier, Legit.ng reported that Trump joined music lovers around the world in reacting to the news of pop superstar Taylor Swift and NFL player Travis Kelce’s engagement.
A trending video captured the moment a journalist asked the US president about his thoughts on Taylor Swift and Kelce's engagement.
Netizens shared diverse opinions about President Trump’s video.
Source: Legit.ng
