A federal judge has upheld the Trump administration’s $100,000 H-1B visa fee, rejecting a challenge filed by the U.S. Chamber of Commerce and the Association of American Universities.

U.S. District Judge Beryl Howell said President Trump had the authority to issue the fee under immigration law.

“The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike,” Howell wrote, according to POLITICO.

POLITICO shared further:

She said she was compelled to rule in the administration’s favor due to how Congress had written two parts of the Immigration and Nationality Act: “Congress could have, but did not, impose the limit on presidential authority that plaintiffs’ urge.”

The ruling is the first stress test of the policy and a victory for the White House, which is facing additional legal challenges in at least two other courts.

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Employers were caught off guard by Trump’s announcement this fall, which caused them to scramble together communications for their workers and begin lobbying officials for exemptions. The H-1B visa program has long been a vital labor supply for Silicon Valley, but other industries like rural health care providers have also warned that the $100,000 charge could ultimately hurt members of the president’s base in red states.

18 Democratic states have also sued the Trump administration over the $100,000 H-1B visa fee.

“The existing random selection process of H-1B registrations was exploited and abused by U.S. employers who were primarily seeking to import foreign workers at lower wages than they would pay American workers,” said U.S. Citizenship and Immigration Services spokesman Matthew Tragesser.

“The new weighted selection will better serve Congress’ intent for the H-1B program and strengthen America’s competitiveness by incentivizing American employers to petition for higher-paid, higher-skilled foreign workers. With these regulatory changes and others in the future, we will continue to update the H-1B program to help American businesses without allowing the abuse that was harming American workers,” he continued.

The Hill noted:

Currently, the United States admits 65,000 people under the H-1B visa, with an additional 20,000 for U.S. advanced degree holders, per DHS.

 

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