WASHINGTON (AP) — President Donald Trump last year dramatically ratched up the fee for H-1B work visas to $100,000, saying it would protect American workers from losing their jobs to lower-paid foreigners. But on Monday a federal judge struck down the fees, siding with 20 states and ruling that the Trump administration exceeded its authority by raising the fee without congressional approval. Many tech companies and universities rely on the H-1B program to fill openings for skilled jobs, and universities use it to lure top researchers. But critics charge the visa program has been used to replace American tech workers. Here’s a look at the visa program, Trump’s fee and the court’s decision.
What are H-1B visas and who uses them?Created by the 1990 Immigration Act, they are a type of nonimmigrant visa, meant to allow American companies to bring in people with technical skills that are hard to find in the United States. The visas are not intended for people who want to stay permanently. Some eventually do, but only after transitioning to different immigration statuses.An H-1B allows employers to hire foreign workers who have specialized skills and a bachelor’s degree or the equivalent. They are good for three years and can be extended another three years. Stephen Brown of Capital Economics estimated last year that there were around 700,000 H-1B visa holders in the United States along with another 500,000 dependents.
