(José Niño, Headline USA) American workers scored a win on Tuesday when a federal judge authorized the Trump administration to proceed with imposing a $100,000 fee on companies seeking H-1B visas for foreigners.
According to Bloomberg, U.S. District Judge Beryl Howell determined that President Donald Trump acted within his statutory powers when signing the proclamation that dramatically raises costs for the widely-used visa category. The decision advances the administration’s broader strategy to limit immigration and stimulate demand for American workers, though opponents retain the option to appeal.
The ruling rebuffed arguments from the U.S. Chamber of Commerce, which had challenged the fee as unlawful. Judge Howell concluded that Trump issued his proclamation under “an express statutory grant of authority to the President,” noting that Congress has provided the executive branch with expansive powers to address matters of economic and national security.
“We are disappointed in the court’s decision and are considering further legal options to ensure that the H-1B visa program can operate as Congress intended: to enable American businesses of all sizes to access the global talent they need to grow their operations,” stated Daryl Joseffer, the Chamber’s executive vice president, who characterized the fee as cost prohibitive.
The nation’s premier business lobbying organization filed suit in October, contending that the steep fee increase contradicts federal immigration statutes and exceeds congressional authorization for fee-setting.
Tuesday’s summary judgment affects only the Chamber’s lawsuit and leaves other pending legal challenges intact. 19 state attorneys general have mounted their own challenge emphasizing potential damage to public sector employment, particularly in healthcare and education fields that utilize H-1B visas. Additionally, a global nurse-staffing agency filed separate litigation in California.
Both remaining cases have been assigned to judges appointed during the Obama administration. A hearing in the California case is scheduled for February 12 in Oakland, with legal experts anticipating the Supreme Court will ultimately resolve the dispute.
The case is Chamber of Commerce vs. US Department of Homeland Security, 25-cv-03675, US District Court, District of Columbia.
José Niño is the deputy editor of Headline USA. Follow him at x.com/JoseAlNino
