US District Judge Haywood Gilliam has blocked enforcement of the administration’s $100,000 H-1B visa fee in another legal challenge to the policy.
The H-1B programme allows US employers to sponsor qualified foreign professionals for specialised occupations, including roles in technology, medicine, engineering and academia.
Before the disputed policy, employers generally paid application-related charges amounting to a fraction of $100,000.
The administration announced the much larger fee as part of efforts it says are intended to protect US workers and discourage misuse of the visa system.
Opponents contend that the administration cannot make such a sweeping change without statutory authority and compliance with the Administrative Procedure Act.
Judge Gilliam concluded that the government agencies involved had not followed required rule-making procedures.
His ruling follows an earlier injunction issued by another federal court. An appeals court subsequently declined to suspend that earlier order while litigation continued.
The dispute matters far beyond immigration lawyers.
Technology companies, universities, hospitals, research organisations and other employers frequently rely on the H-1B programme to recruit specialised workers.
A $100,000 charge could substantially alter hiring decisions, particularly for smaller employers.
The administration may continue defending the policy through appeals and other regulatory measures.
The courts, meanwhile, must determine whether the executive branch is modifying conditions within authority granted by Congress or effectively rewriting the visa programme without legislative approval.
Related Story: INTERPOL Arrests Chadian Fugitive in Kano, Repatriates Her for Trial
News Source: Reuters
