Los Angeles, United States
A US federal judge this Monday blocked the policy of the Government of donald trump that imposes a fee of $100,000 on new H-1B visas for foreign workers highly qualified, after considering that the charge is illegal.
The Secretary of Commerce, Howard Lutnick He said last September, when the measure was announced, that the imposition of the fee was intended to get big technology companies and other large companies to “stop training” foreign workers and favor Americans.
But, this Monday, the judge Leo Sorokin ruled in favor of a group of 20 states that challenged the new fee, claiming that the Trump Administration “overstepped” its powers by imposing the charge without authorization from Congress.
The H-1B visas They were established by the US Congress. There is currently a limit of 65,000 of these visas per year and an additional 20,000 reserved for foreign beneficiaries with a US master’s degree or higher.
In the 42-page ruling, a Boston court judge classified the $100.00 charge as a tax.
The state of California, the base of most technology companies in the country, led the lawsuit against the new rate.
The American Immigration Lawyers Association (AILA) had raised alarms about the charge that, in his opinion, will not only impact workers in the technology sector, but also industries such as agriculture, renewable energy and medical, among others.
Shev Dalal-Dheini, AILA’s director of Government Relations, criticized the measure presented by Lutnick, which, in her opinion, was designed “to create as much chaos as possible.”
Lawyers expressed frustration at how little information the White House had provided about the fee, which affects only new petitioners, and about who might be exempt.
