Trump administration appeals ruling against $100K H-1B visa fee – Higher Ed Dive
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The fee has caused concern among higher education experts that it would hamper colleges’ ability to recruit foreign scholars and instructors.
Trump signed a proclamation setting the $100,000 fee in September, drawing concern from colleges that rely on the program to recruit foreign researchers and instructors. Under the program, colleges and other employers can hire foreign workers for specialized jobs, typically for up to six years.
When defending the fee in court, the Trump administration pointed to the Immigration and Nationality Act, which gives the president power to impose restrictions on noncitizens entering the U.S. Federal officials argued that the $100,000 payment was a “regulatory payment” authorized by that statute.
However, U.S. District Judge Leo Sorokin disagreed when he vacated the policy. “The substance and application of the $100,000 payment reveal that it is a tax, regardless of what the payment is called,” Sorokin wrote in his June 8 ruling.
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The university launched a review of its offerings last fall along with a push to shed $25 million from its budget as it wrestles with enrollment pressure.
The beleaguered institution plans to pivot to certificates and apprenticeship programs after initiating a Chapter 11 to get its finances in order.
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The regulations detail the process for how short-term programs can get approval from the federal government to be eligible for Pell Grants.
The Ohio private nonprofit’s president said he wants to invest the savings in areas with high student and workforce demand.
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