A US District Court in Washington, DC, has upheld President Donald Trump’s decision to increase visa fees, ruling that the move falls within his constitutional authority. Judge Beryl Howell said the September 19 order “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.”
In her opinion, Howell noted that Congress had delegated wide powers to the President to restrict noncitizens’ entry when deemed harmful to US interests. She added, “To be clear, this decision in favor of defendants is not to dismiss or discount the past and ongoing contributions of H-1B workers to the American economy… The effects of the H-1B program… are simply not at issue in this case.”
The US Chamber of Commerce and the Association of American Universities, which challenged the policy, retain the option to appeal. The plaintiffs had argued the fee hike amounted to rewriting visa rules, while the administration said the policy targets abuses and applies only to new visas, affecting firms reliant on skilled foreign workers.