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Trump can order employers to pay extra H-1B fee, court holds
Higher Ed Dive ^ | Jan 6, 2026 | Laurel Kalser

Posted on 01/09/2026 3:39:44 PM PST by CondoleezzaProtege

President Donald Trump did not exceed his authority when he issued a Sept. 19 proclamation requiring employers to pay an additional $100,000 before new H-1B visas can be processed, a federal district court judge held Dec. 23 in Chamber of Commerce of the United States of America v. U.S. Department of Homeland Security.

President Trump legitimately exercised his broad discretion authorized by the Immigration and Nationality Act to restrict the entry of noncitizens into the U.S., the judge found. Trump found the proclamation was necessary to counter abuse of the H-1B program, which the proclamation asserts is harming American workers and creating a national security threat, he said.

The ruling does not discount the contributions H-1B workers are making to the American economy, the judge stressed. But the parties’ debate over how the proclamation will affect employers and the economy is not within the court’s province to decide, so long as it is within the confines of the law, she said.

(Excerpt) Read more at highereddive.com ...


TOPICS: Business/Economy; Education
KEYWORDS: americafirst; china; fees; h1b; h1bs; h1btruth; h1bvisas; india; labor; maga; tech; visas

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1 posted on 01/09/2026 3:39:44 PM PST by CondoleezzaProtege
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To: All

The entire program should just be sunset but the fee is better than nothing I suppose. I really don’t want more of those people in America.


2 posted on 01/09/2026 3:45:24 PM PST by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: CondoleezzaProtege

Hallelujah. Raise the fee even more than originally intended, Mr. President. That will give them food for thought in the future.


3 posted on 01/09/2026 3:46:23 PM PST by SharpRightTurn (“Giving money & power to government is like giving whiskey & car keys to teenage boys” P.J. O'Rourke)
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To: CondoleezzaProtege

Now that we know the extra fee is OK, increase it from $100,000 to $1M.


4 posted on 01/09/2026 3:47:06 PM PST by ClearCase_guy (Democrats seek power through cheating and assassination. They are sociopaths. They just want power.)
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To: SharpRightTurn
Hallelujah.

It's always enjoyable to see the Chamber of Commerce take one on the chin.

5 posted on 01/09/2026 3:51:35 PM PST by Right_Wing_Madman
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To: CondoleezzaProtege
The ruling does not discount the contributions H-1B workers are making to the American economy, the judge stressed. But the parties’ debate over how the proclamation will affect employers and the economy is not within the court’s province to decide, so long as it is within the confines of the law, she said.

At least one judge gets it. Whether something the president does is good or bad policy is irrelevant. All that matters for the judge is what the law says.

6 posted on 01/09/2026 3:51:49 PM PST by Bruce Campbells Chin
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To: CondoleezzaProtege

Trump should have raised the fee to 1 million dollars per year per visa. If the reason for the visa was for the scarcity of people for the job, then 1 million dollar fee would have ruled out the fraud. As one tech company stated after the 100,000 dollar fee was enacted, they would just consider the increase as the cost of doing business and wouldn’t change their operations.


7 posted on 01/09/2026 3:57:28 PM PST by RetiredTexasVet (Trump has arrived and it is awesome to have a real President.)
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To: RetiredTexasVet

“Trump should have raised the fee to 1 million dollars per year per visa.”

The year is young!


8 posted on 01/09/2026 4:07:47 PM PST by Bshaw
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To: CondoleezzaProtege

Has any country in the history of the world ever brought in people from a third-rate foreign country to replace their own highly talented workers? Asking for a friend.


9 posted on 01/09/2026 4:09:20 PM PST by jroehl (And how we burned in the camps later - Aleksandr Solzhenitsyn - The Gulag Archipelago)
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To: jroehl

See America is just an idea so everyone is American if they think hard enough


10 posted on 01/09/2026 4:19:40 PM PST by escapefromboston (Peace, commerce and honest friendship with all nations, entangling alliances with none.)
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To: CondoleezzaProtege

Color me stuned.


11 posted on 01/09/2026 4:27:33 PM PST by ComputerGuy (FAFO is known as the Trump Doctrine)
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To: jroehl

Germany, England, France...


12 posted on 01/09/2026 5:02:55 PM PST by KarlInOhio (I pray that the sleeping giant has finally awakened and been filled with a terrible resolve.)
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To: jroehl
Rulers have imported large foreign populations thorough out all of known history in order to weaken the power of the native populations and strengthen the power of the rulers.

This almost always works for the first two or three generations.

The respective skills of the natives and the foreigners matter very little. What counts is to implement systems of privilege for one group over the other. The privileged group is indirectly weakened by their dependency on the goodwill from the government. The non-privileged group is directly weakened by government-sanctioned oppressions.

Inter-group resentments weaken all the groups, leaving the government in a relatively stronger position.

Competent rulers could hold this system together forever. The reason they don't is because that competence tends to deteriorate with every new generation. People with unrestrained power stop getting feedback that might warn them when they are making mistakes and guide them to making corrective actions. External circumstances change in unfavorable ways, and the rulers fail to notice or adapt.

And here we are again in more of those "interesting times" that the Chinese philosophers warned us about.

13 posted on 01/09/2026 5:05:00 PM PST by flamberge (The times, they are a' changing.)
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To: CondoleezzaProtege

“The ruling does not discount the contributions H-1B workers are making to the American economy, the judge stressed”

Always stick to the Uniparty line.


14 posted on 01/09/2026 5:05:30 PM PST by dljordan (Yeah, I'm a Boomer and it's all my fault you whiny little bitch.)
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To: flamberge; KarlInOhio

We have citizens of India running ALL (or close) our computer systems. Pharmacies, hospitals and banks. They could shut down Walmart tomorrow morning. I am not talking about Germany importing Turks to work on the assembly lines at Mercedes-Benz. There is no historical analogy to this.


15 posted on 01/09/2026 5:43:26 PM PST by jroehl (And how we burned in the camps later - Aleksandr Solzhenitsyn - The Gulag Archipelago)
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To: ClearCase_guy
Now that we know the extra fee is OK, increase it from $100,000 to $1M.

Per H1-B hire, per day.

Use the money to pay reparations to white males going back 25 years.

16 posted on 01/09/2026 5:44:33 PM PST by grey_whiskers (The opinions are solely those of the author and are subject to change without notice.)
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To: Right_Wing_Madman

“It’s always enjoyable to see the Chamber of Commerce take one on the chin.”

Amen.


17 posted on 01/09/2026 5:45:51 PM PST by SharpRightTurn (“Giving money & power to government is like giving whiskey & car keys to teenage boys” P.J. O'Rourke)
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To: CondoleezzaProtege

Cancel H1B. It’s screwing the job market.


18 posted on 01/09/2026 5:54:13 PM PST by wardamneagle
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To: SharpRightTurn

In the 2nd-to-last paragraph, the Chamber of Commerce is appealing the Dec. 23 ruling.


19 posted on 01/09/2026 8:22:36 PM PST by JeemBeau
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To: Right_Wing_Madman

This USCIS page is a data hub of employers who hire H-1Bs. If you desire, you can un-select these states in the state dropdown :

AA - Armed Forces - Americas
AE - Armed Forces - Europe
AP - Armed Forces - Pacific
GU - Guam
MP - Marianas Protectorate
PR - Puerto Rico
VI - U.S. Virgin Islands
XX - Outside of U.S., error

https://www.uscis.gov/tools/reports-and-studies/h-1b-employer-data-hub

405,000 in the H-1B category alone were approved in 2025. 236,000 were approved in 2009.

‘Industrialized’ Fraud in the H-1B Visa Program - audio interview of a former U.S. Consul in India (herself of Indian heritage) :

https://www.youtube.com/watch?v=KumpIWZ6ZpI


20 posted on 01/09/2026 10:21:38 PM PST by JeemBeau
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