Washington: A US court decision to strike down the Trump administration’s $100,000 H-1B visa application fee proved divisive as supporters of President Donald Trump criticised the decision as an example of judicial overreach. However, another group of lawmakers – including members of Trump’s Republican party – openly welcomed the court decision, which came in on Monday.
Republican Congressman Mike Lawler said the court’s decision was “welcome news” since the visa fee, introduced last September, worsened staffing shortages in the healthcare industry.
“Some news for providers and patients across America: A federal judge has struck down the Administration’s new $100,000 H-1B visa fee. I have been working to exempt healthcare workers from this fee that only exacerbates the current staffing shortages in healthcare. That’s why I introduced the bipartisan H-1Bs for Physicians and the Healthcare Workforce Act. While we continue to push this legislation through Congress, this ruling is welcome news,” Lawler wrote on X.
He was joined by Alaska Senator Lisa Murkowski, who has built a reputation for taking stances independent of the Trump White House. Murkowski pointed out that the decision was critical for Alaska’s schools, which rely on H-1B visas to recruit teachers for school districts in remote and rural parts of the state.
“In Alaska, this isn’t a partisan issue: the state legislature unanimously passed a resolution last month urging the federal government to waive the fee for educators,” Murkowski wrote on X, adding that she would work to “eliminate this fee permanently” regardless of the outcome of the legal process.
Last week, Republican Senator Susan Collins, who represents Maine, pressed US Homeland Security Secretary Markwayne Mullin on the subject of H-1B visas. Collins told Mullin that the $100,000 H-1B visa fee made it harder for districts in rural areas to hire surgeons.
Prominent members of the Democratic party also welcomed the court’s decision.
“Today’s ruling is a welcome rejection of an unlawful policy that threatened America’s economic competitiveness and made it harder for businesses, hospitals, universities, and research institutions to attract the high-skilled talent they need to succeed. The H-1B programme drives innovation, strengthens American leadership in critical industries, and supports job creation here at home by helping companies grow and invest in the United States,” said Indian-American Congressman Raja Krishnamoorthi.
Democratic Attorneys-Generals – who launched the legal challenge against the H-1B visa fee – also welcomed the decision.
However, key members of the Republican party voiced dissatisfaction with the court’s decision to strike down the $100,000 visa fee and the visa programme as a whole.
“End it, don’t mend it,” wrote Florida Governor Ron DeSantis on X in response to the judgment.
“An H-1B fee is now a constitutional crisis? The Constitution does not guarantee a steady supply of cheap foreign labor. 8 U.S.C. 1182(f) lets the President restrict entry when foreign labour harms American interests. The rogue judge veto has to end,” said Eric Schmitt, who represents Missouri in the US Senate.
For its part, the Trump White House said it remains confident the visa repeal will be overturned on appeal.