A federal judge decided on Monday that a $100,000 fee imposed by Former President Donald Trump for new H-1B visas for skillful, foreign, and non-immigrant workers was unconstitutional and set the fee aside. The Judge claimed the fee was created to collect a tax that was not approved by Congress.
Key takeaway
- Judge says Trump didn’t have power to raise H-1B visa fee to $100,000
- White House says Trump was acting legally, plans to overturn decision
- California AG says decision is good for bringing in more skilled foreign labor.
U.S. District Judge Leo Sorokin of Boston ruled on a challenge against a fee announced by Trump in September that significantly raised the cost of obtaining H-1B visas. At issue were the 20 Democratic State Attorneys General who filed the challenge.
The H-1B visa program issues 65,000 visas each year, which are accompanied by an additional 20,000 visas for workers with advanced degrees, which are issued for a duration of three to six years. Prior to Trump’s announcement, the cost to employers for petitioning a foreign worker for a visa ranged from $2,000 to $5,000 and depended on a number of variables.
Court filings stated that the increased cost of the fee has resulted in a decline in the number of requests for H-1B visas. Trump’s administration noted in a filing dated March that U.S. Citizenship and Immigration Services received 85 payments of the $100,000 fee as of February 15.
However, Sorokin, who was appointed by Democratic President Barack Obama, found that the fee wasn't a penalty, but rather a tax that the Republican president had no congressional authority to impose.
“In this case, the substance and application of the $100,000 payment, regardless of what the payment is called, demonstrates that it is a tax,” he said.
The White House did not respond to a request for comment immediately.
Note:- All these information source taken from repuated news Source.
Reference-
https://www.nbcnews.com/
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