WASHINGTON – A federal judge has rejected a lawsuit from the U.S. Chamber of Commerce that opposedPresident Donald Trump's$100,000 fee onvisas for highly skilled foreign workers.
U.S. District Judge Beryl Howell in Washington ruled that Congress gave the president the authority to "impose on the entry of aliens any restrictions he may deem to be appropriate."
"Congress could have, but did not, impose the limit on presidential authority that plaintiffs' urge," Howellwrote in the 56-page opinion.
The chamber, which advocates for 300,000 businesses, and the Association of American Universities, which advocates for 69 research-based institutions, argued that Trump's administration lacked the authority to impose the fee onnew H-1B visa applications, which the president imposed in September.
Trump's fees are part of a broader strategy to favor U.S. citizens over foreign workers. The higher visa fees came amid abroader crackdown on illegal immigration, which includes mass deportations of undocumented immigrants andan end to allowing asylum seekers into the countrywhile their cases are pending.
The H-1B visa program is reserved for people who are employed in specialty occupations, frequently in technology, such as software engineers, tech program managers and other information technology professionals. The visas are approved for a period of three to six years.
India was the largest beneficiary of H-1B visas last year, with 71% of approved beneficiaries, according to government data. China was a distant second at 11.7%.
Before Trump imposed the fee, the federal government distributed85,000 H-1B visas a year, mostly for tech jobs, and U.S. Citizenship and Immigration Services said the agency has already received enough petitions for the year starting Oct. 1. Amazon had more than 10,000 of the visas approved last year, while Microsoft and Meta each had more than 5,000 of the visas approved, according to the agency.
America's largest private employer, Walmart,announced in Octoberthat it was pausing job offers to foreign candidates in need of H-1B visas. Walmart, which has a rapidly growing online marketplace similar to the one run by Amazon, employed more than 2,000 H-1B visa holders at that point, according to government data obtained by USA TODAY.
Despite fee, Trump says H-1B visas needed for 'certain talents'
Trump has been criticized by some of his own supporters for defending H-1B visas, which hetold Fox News in Novemberare needed to "bring in talent."
"You don't have certain talents," he said.
Former Trump adviserElon Musk, a tech billionaire,advocated for the H1-B program, drawing a rebuke from Steve Bannon, who served as White House chief strategist during Trump's first term and is a prominent MAGA figure.
This article originally appeared on USA TODAY:Trump has authority to impose $100,000 fee on H-1B visas: judge
