A federal judge has cast doubt on a legal challenge to US President Donald Trump’s decision to impose a $1,00,000 fee on companies seeking new H-1B visas for highly skilled foreign workers, signalling that the president may hold broad authority under immigration law.
US District Judge Beryl Howell, an appointee of former President Barack Obama, pressed attorneys for the US Chamber of Commerce and other plaintiffs who are attempting to block the enforcement of the presidential proclamation.
The policy, introduced earlier this year, significantly increases the cost for employers hiring foreign workers under the H-1B programme.
Howell emphasised the extensive powers Congress has delegated to the president to regulate the entry of foreign nationals.
“Congress has handed [those powers] to the president with a red ribbon on it,” she noted, referring to statutory provisions allowing the executive branch to impose restrictions on the entry of aliens.
The judge questioned whether meaningful limits exist on such authority, suggesting that legislative action might be a more effective route than court intervention.
Attorneys representing the plaintiffs, including Zachary Schauf of Jenner & Block, argued that the president has never before used such authority to impose a fee of this magnitude.
They contend that the measure effectively regulates domestic employment, which they claim falls outside the scope of unilateral presidential powers.
Justice Department attorney Tiberius Davis countered that exemptions for certain foreign nationals already in the US demonstrate that the proclamation does not override the H-1B programme itself.
He said the fee functions as a lawful restriction on entry, which Congress has authorised, rather than a reworking of immigration law.
Background on the H-1B Programme
The H-1B programme allows US employers to hire foreign workers in speciality occupations, with 65,000 visas available annually, plus 20,000 for advanced-degree holders from US universities.
Before the new fee, total H-1B-related costs generally ranged from $2,000 to $5,000. Trump has argued that the programme has been misused by employers seeking cheaper labour and has proposed reforms favouring higher-skilled, better-paid workers.
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