U.S. Judge Rules Trump's $100,000 H-1B Visa Fee Illegal

According to Reuters, U.S. Boston federal district judge Leo Sorokin ruled on Monday that the $100,000 fee imposed by President Trump on new H-1B visa applications for high-skilled foreign workers constitutes an illegal tax not authorized by Congress.

The lawsuit was brought by 20 Democratic state attorneys general, who argued that Trump’s announcement of this fee last September significantly increased the cost of applying for an H-1B visa.

The H-1B program provides 65,000 visas annually, with an additional 20,000 reserved for workers holding advanced degrees, and visas are valid for three to six years. Prior to Trump’s announcement, employers typically paid between $2,000 and $5,000 to apply for a visa for foreign employees, depending on various factors. Court documents indicate that the sharp increase in fees has led to a dramatic drop in H-1B visa applications. According to a U.S. government filing in March, as of February 15, only 85 payments of the $100,000 fee had been received by U.S. Citizenship and Immigration Services (USCIS).

The U.S. government argued that the fee amounted to a financial penalty and that, under federal immigration law, the president has authority to impose such penalties to restrict entry by specific categories of foreign nationals.

However, Judge Sorokin ruled that the fee is not a penalty but rather a tax, and that Trump lacked congressional authorization to impose such a tax. The ruling stated: "In this case, the nature and application of the $100,000 fee make clear—regardless of what it is called—that it is a tax."

Nevertheless, White House spokesperson Taylor Rogers said in a statement that the Trump administration is confident the ruling by Judge Sorokin will be overturned on appeal. She added: "President Trump has clear legal authority to restrict entry for any category of foreign national he determines does not serve America’s best interests—and that is exactly what he has done."

Source: sputniknews

Original: toutiao.com/article/1867481233493063/

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