Legal Battle Continues As US Chamber Appeals Obama Judge’s Approval Of Trump H-1B Fee
India-West News Desk
WASHINGTON, DC – After an Obama appointed federal judge upheld President Donald Trump’s $100,000 H 1B visa application fee, the U.S. Chamber of Commerce has moved to appeal the ruling, escalating a legal fight with major implications for American businesses that rely on skilled foreign workers.
The Chamber filed a notice of appeal on December 29, days after U.S. District Judge Beryl Howell ruled in favor of the administration and allowed the fee to stand. The appeal will be heard next by the United States Court of Appeals for the District of Columbia Circuit.
The lawsuit was brought by a coalition led by the U.S. Chamber of Commerce, joined by technology companies and the Association of American Universities. The plaintiffs sought to block Trump’s September proclamation imposing the $100,000 charge on H-1B visa applications, a dramatic increase over prior fees. The group argued the measure would make the program prohibitively expensive, particularly for small and medium sized firms.
According to Newsweek, the decision to appeal signals that business groups intend to pursue the case aggressively, potentially all the way to the Supreme Court.
The Chamber had contended that the proclamation exceeded the president’s legal authority. Judge Howell rejected that argument in a 56 page decision issued on December 23. “The lawfulness of the Proclamation and its implementation rests on a straightforward reading of congressional statutes giving the President broad authority to regulate entry into the United States for immigrants and nonimmigrants alike,” she wrote. Howell added, “Congress could have, but did not, impose the limit on presidential authority that plaintiffs urge.”
Newsweek reported that the ruling represents a significant victory for the administration, even as parallel legal challenges continue.
In a separate case, a coalition of 20 states led by Washington Attorney General Nick Brown, along with the attorneys general of California and Massachusetts, has challenged the fee under the Administrative Procedure Act.
