June 8 (UPI) — A federal judge ruled Monday that a $100,000 visa fee for U.S.companies seeking highly skilled workers from other countries is illegal. This voids the requirement set by President Donald Trump by a presidential proclamation in September.
Judge Leo Sorokin said the policy violated the U.S. Constitution and the federal Administrative Procedure Act and that only Congress has the authority to change federal immigration policy to require the fee. The Trump administration says it will appeal the ruling.
“The president lacked the power or delegated authority to impose a tax on H-1B petitions,” Sorokin said in his decision, CNN reported.
A group of Democratic state attorneys brought the case in December. Letitia James, New York attorney general, was among them.
“Every day, thousands of people with H-1B visas serve New Yorkers as doctors, teachers and other skilled workers,” James said Monday, CNBC reported. “Today, a court put an end to this administration’s illegal attempt to destroy this critical program and the many jobs it makes possible.”
Before Trump’s proclamation, H-1B visa fees ranged from $2,000 to $5,000 per application, CNBC reported. These visas are meant for foreign professionals who hold at least a bachelor’s degree to work in more specialized fields. They’re valid for three years and can be renewed for another three years after that. The New York Times reported that about 85,000 of such visas are available annually, and that they are often used by universities and companies in the fields of technology, finance and medicine.
White House spokeswoman Taylor Rogers said in a statement to CNBC after the ruling that “President Trump has clear legal authority to restrict entry of any class of aliens he determines is not in America’s best interests, and that is exactly what he did.” She said the visa program “has been abused for decades.”