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Trump Admin Says $100,000 H-1B Visa Fee Isn't a Tax

Trump Admin Says $100,000 H-1B Visa Fee Isn't a Tax

Summary

The Trump administration told a federal court that a $100,000 fee for certain H-1B visas is a legal immigration rule, not a tax. This fee requires some employers to pay before hiring foreign workers, and the administration argues it helps protect U.S. jobs and national security. A lower court blocked the fee, but the administration is appealing the ruling.

Key Facts

  • The $100,000 fee applies to some employers seeking new H-1B visas for foreign workers.
  • The administration says the fee is a lawful immigration restriction, not a tax.
  • A district judge ruled that the fee was a tax and blocked it because Congress did not approve it.
  • The H-1B visa allows U.S. employers to hire foreign workers temporarily in specialized jobs.
  • The fee aims to reduce misuse of the visa program and protect U.S. jobs and wages.
  • The Departments of Homeland Security and State must deny new H-1B petitions without the fee payment.
  • A coalition of states challenged the fee as exceeding presidential authority and as an unauthorized tax.
  • The case is now with the U.S. Court of Appeals, which will decide if the fee is a legal immigration rule or an illegal tax.
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