US judge considers $100,000 fee created by Trump for work visas for foreigners illegal

Trump signs executive order for new visa conditions.
Reuters/Ken Cedeno
A United States federal judge annulled this Monday (8) the US$ 100,000 fee imposed by President Donald Trump for the issuance of new H-1B visas, intended for highly qualified foreign workers.
In the decision, district judge Leo Sorokin concluded that the charge constituted an illegal tax, without authorization from the American Congress.
The decision was made in a lawsuit filed by 20 state attorneys general from the Democratic Party, who challenged the measure announced by Trump in September last year. The fee drastically increased the cost for companies that wanted to hire foreign professionals through the program.
The H-1B visa offers 65,000 vacancies annually, in addition to another 20,000 for workers with advanced degrees. Authorizations are usually valid for three to six years.
Before the measure adopted by Trump, companies paid between US$2,000 and US$5,000 in fees to apply for the visa, depending on different factors.
Trump government will charge US$100,000 per year from companies that hire qualified foreigners
Documents presented to the Court indicate that the increase in costs significantly reduced applications for H-1B visas. According to the American government, as of February 15, only 85 payments of the new fee had been recorded.
The Trump administration argued that the charge was a financial penalty authorized by federal immigration legislation and intended to restrict the entry of certain foreigners into the United States.
Sorokin, appointed to the position by former president Barack Obama, rejected this understanding. According to him, the nature and application of the charge demonstrate that it is a tax, regardless of the name adopted by the government.
"The substance and application of the payment of US$100,000 reveal that it is a tax, regardless of the name given to the charge," the judge wrote in the decision.
The White House did not immediately respond to requests for comment on the case.

Source: G1

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