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A US federal judge on Monday declared President Donald Trump’s policy illegal, under which a fee of $ 100,000 was imposed on new H-1B visas for high-skilled foreign workers.
BBC’s US affiliate According to CBSNewsUS District Judge Leo Sorokin gave his decision in favor of 20 states. These states had challenged the new fees announced by Trump in September.
The judge believes that the Trump administration has violated its jurisdiction by imposing a tax of one lakh dollars on H-1B applications without the permission of Congress.
The judge, appointed by former President Barack Obama, wrote in his 42-page decision that “no statutory power exists that would permit (the Trump administration) to impose a $100,000 tax on H-1B applications.”
In a statement, the US Department of Homeland Security described Sorokin’s decision as ‘blatant judicial activism’ i.e. a ‘decision based on political considerations’ and defended the Trump administration’s immigration reforms.
What is H-1B visa?
According to CBS News, the H-1B visa program was started by Congress in 1990. Under this, US-based companies are allowed to temporarily appoint foreign employees in specific professional fields for a maximum of six years.
Congress has fixed the number of H-1B visas to be issued every year at 65,000. Apart from this, 20,000 additional visas can be issued for people holding advanced degrees.
Under this visa program, employers i.e. companies also have to pay some fixed fees, which usually ranges between $1,700 to $4,500.
But last year, Trump signed an order that added a $100,000 fee to all new H-1B applications.
According to US Citizenship and Immigration Services (USCIC) data, of the total H-1B visas approved in FY 2024, 71 percent of the beneficiaries were from India, while China was in second place with 11.7 percent.
