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Trump’s US$100,000 H-1B visa fee is unlawful, US judge rules

Trump’s US0,000 H-1B visa fee is unlawful, US judge rules


The H-1B program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years. Technology companies in particular rely heavily on workers who receive H-1B visas.

Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about US$2,000 to US$5,000 in fees depending on various factors. The fee will not apply to visas granted to foreign citizens already in the United States on student visas, who generally make up a large share of new H-1B recipients.

The increase in fees has discouraged H-1B visa requests, according to court filings. As of Feb 15, US Citizenship and Immigration Services had received just 85 payments of the US$100,000 fee, the administration said in a March filing.

The Trump administration has also ordered enhanced vetting of H-1B applicants and proposed a new visa selection process that would favour higher-skilled and better-paid workers.

The US$100,000 fee prompted at least three different lawsuits challenging its implementation, including a case by the US Chamber of Commerce, which is appealing a December decision by a judge in Washington DC, who rejected its claims that Trump had no authority to set the fee.



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