Trump Appeals Obama Judge’s Block on $100,000 H-1B Visa Fee.

thenationalpulse.com

The Trump administration is challenging a federal judge’s decision to strike down a $100,000 fee on H-1B visa applications, hindering the President’s push to incentivize companies to hire American workers.

PULSE POINTS

❓ WHAT HAPPENED: The Trump administration has announced that it will appeal a federal judge’s ruling striking down the new $100,000 fee on H-1B visas. 📺 DETAIL: On Monday Judge Leo Sorokin, appointed by Barack Obama, ruled that the new $100,000 fee on H-1B visas functioned as a tax and therefore required authorization from Congress. As Congress had not voted to impose the fee, Sorokin argued that the fee hike exceeded the President’s constitutional authority. On Thursday, the Trump administration declared that it would appeal the ruling. The President imposed the fee in September last year as part of an effort to encourage businesses to hire American workers. Established in 1990, the H-1B visa program allows employers in the United States to hire foreign workers in specific, specialized fields for up to six years. The program is heavily utilized by tech giants in the country. Prior to the President’s reform, fees ranged from $2,000 to $5,000 per application. “There are no statutory powers authorizing [the Trump administration] to implement a $100,000 tax on H-1B petitions,” claimed the Obama-appointed judge.🎯 IMPACT: If upheld, Sorokin’s ruling could limit the executive’s ability to impose financial measures on visa programs. This would allow problems stemming from the program to continue unabated, such as the replacement of American workers with foreign hires. The previously announced $100,000 fee led several major companies, such as as Walmart, to pause their participation in the program. However, they may re-enter the program if the reversal of the fee hike sticks. In December last year, Democrats launched a lawfare campaign to get the fee hike overturned.💬 KEY QUOTE: “The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called.” – Judge Leo Sorokin, United States District Court for the District of Massachusetts