New Delhi, June 9: In a setback to President Donald Trump, a Federal Judge in the United States has struck down his order imposing $100,000 fee on new H-1 visas for highly skilled foreign workers.
US District Judge Leo Sorokin in Boston described it an unlawful tax which the US Congress never authorised.
The Judge gave the ruling in a lawsuit filed by 20 Democratic state attorneys general challenging the fee Trump announced in September, which dramatically raised the cost of obtaining H-1B visas.
The H-1B programme offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years.
Employers seeking a visa for a foreign worker before Trump’s proclamation typically paid about $2,000 to $5,000 in fees, depending on various factors.
Indians are among the biggest beneficiaries of the scheme but Trump’s decision had caused a big disapppointment.
The increase in fees has discouraged H-1B visa requests, according to court filings.
As of February 15 , US Citizenship and Immigration Services had received just 85 payments of the $100,000 fee, the administration said in a March filing.
It argued that the fee constituted a monetary penalty that the president had lawful authority to impose under federal immigration law to restrict the entry of certain foreign nationals.
But Sorokin, who was appointed by Democratic President Barack Obama, concluded that the fee was not a penalty but a tax that the Republican president lacked any authorisation from Congress to issue.
“Here, the substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” he wrote. (NVI)
