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A federal appeals court rejects Trump's bid to keep in place the $100,000 H-1B visa fee

A federal appeals court rejects Trump's bid to keep in place the $100,000 H-1B visa fee
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A federal appeals court has upheld a lower court ruling that blocked the Trump administration's $100,000 H-1B visa fee. The court determined that the fee functions as a tax, which requires congressional authorization rather than executive action.

Why it matters

This decision limits executive power regarding immigration policy and provides relief to employers and foreign workers who would have been priced out of the H-1B visa program.

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Trump's $100,000 H-1B visa fee was blocked by the Boston-based 1st US Circuit Court of Appeals. Andrew Harnik/Getty Images Trump's $100,000 H-1B visa fee was blocked by a federal appeals court. A lower court ruled the H-1B visa fee is a tax requiring Congress's approval, not the president's. Very few had paid the new fee as employer demand for the visa reduced dramatically. President Donald Trump's plans for H-1B visas are running into legal roadblocks. A federal appeals court on Friday refused to revive Trump's $100,000 fee on new H-1B work visas, dealing another setback to the administration's effort to dramatically raise the cost of hiring highly skilled foreign workers. The Boston-based 1st US Circuit Court of Appeals declined to pause a lower court ruling that blocked the fee while the administration appeals.

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