On Monday, the Department of Homeland Security (DHS) revived President Trump’s previous effort to tack a $100,000 fee onto the H-1B visa. The new proposal takes the form of an administrative rule change rather than an executive order, making the fee far less vulnerable to court challenges.
Trump’s previous $100k fee relied on a presidential proclamation as its legal basis. While it was a welcome policy, the fee was unfortunately struck down by a left-wing federal judge. Now, the administration is trying a different approach.
Section 286(m) of the Immigration and Nationality Act allows DHS to set fees to cover the cost of processing visas. By filing the $103,265 fee as a rule change under this authority, and allowing the legally required 30-day public comment period, DHS should avoid the swift dismissal in court that ended the first H-1B fee.
Leftist nonprofits, lobbyists, corporations, and lawfare teams will almost certainly file lawsuits challenging the fee.
The Left will have a more difficult time achieving a court victory that sticks, and litigation against the policy will likely result in a long court battle. If the administration’s new strategy succeeds, however, the results will be invaluable.
H-1B employers use the program because they want cheaper foreign labor. Adding a cost that equals or exceeds the profit they would make from hiring noncitizens over Americans removes part of the incentive behind H-1B abuse. In fact, H-1B employers are already furious because the fee applies to applications, meaning they will have to pay just for a chance at acquiring a visa. USCIS is not required to grant every request for an H-1B visa.
The Trump administration also announced a temporary halt on all immigrant visa processing. The pause is meant to allow in-depth training for consular officers, teaching them how to identify and weed out applicants who will be a public charge. Training officials in this signals the administration is working to combat opportunists who immigrate to America to take advantage of our social safety net.
Texans for Strong Borders supports these actions by the Trump administration. Curtailing H-1B abuse until the program can be completely shut down is vital to protecting American workers and preserving opportunity for our children and grandchildren. Revamping the immigration system to protect America from welfare abusers benefits all taxpayers.
American citizens currently suffer from decreasing wages, higher prices, and fewer job opportunities. Immigration policy should prioritize the needs of citizens, not unscrupulous corporations or foreign nationals who have no loyalty to the United States aside from the economic opportunities our economy and social programs provide for them.