Trump Administration Reveals Only 70 Workers Paid $100,000 H-1B Fee in Court Hearing
In a significant development in the ongoing legal battle over the controversial $100,000 fee for hiring skilled foreign workers, the Trump administration has informed a federal court that a mere 70 employees have paid the fee since its implementation in September. The disclosure came during a court hearing where Department of Justice attorney Tiberius Davis presented the government's position.
Government Argues Fee Is Not a Revenue-Generating Measure
The administration contends that the exceptionally low number of payments demonstrates this cannot be viewed as a revenue-generating initiative for the government. "The number is not huge and in fact rather low," Davis stated during the proceedings. "That's why this can't be seen as a revenue-generating measure for the government and thus it does not require Congressional authorization."
The lawsuit fundamentally questions the legality of imposing this substantial fee through the H-1B visa program. Plaintiffs, including Global Nurse Force—a nurse recruiting firm—argue that the fee creates significant barriers for small employers attempting to hire through the specialty occupation visa program.
Legal Arguments and Constitutional Challenges
In their legal challenge, the plaintiffs have characterized the fee as "arbitrary and capricious." They maintain that Congress has only authorized immigration fees to cover the administrative costs of running these programs. Furthermore, they assert that the implementation should have followed formal notice-and-comment procedures.
The government attorney countered this argument by explaining that the fee was established through a presidential proclamation rather than an executive order, thereby bypassing the requirement for a comment period.
This Oakland-based lawsuit represents a separate legal action from the challenge brought by the US Chamber of Commerce, where a federal judge has already denied an injunction request. However, attorneys involved in both the Oakland case and the Chamber's appeal at the US Court of Appeals for the DC Circuit have pointed to a recent Supreme Court decision as potentially strengthening their position.
Supreme Court Precedent and Broader Implications
According to Bloomberg reports, justices found that the Constitution's framers specifically granted taxing powers to Congress, not the executive branch, when they struck down President Trump's global tariffs regime. This precedent is now being cited to bolster challenges against the H-1B fee.
The visa fee has emerged as a particularly contentious issue given Silicon Valley's heavy reliance on the H-1B program to recruit international talent. The Trump administration's move was explicitly designed to reduce this dependence and instead prioritize job opportunities for American workers.
As the legal proceedings continue, the outcome could have far-reaching implications for immigration policy, executive authority, and the technology sector's ability to recruit global talent through established visa programs.
