Trump to impose $100k fee for H-1B worker visas, White House says

Sorry, is this legal? Like is the fee something that can be changed with an EO, or is it set by congress?

The original Bloomberg article doesn't state: https://archive.is/tpuut

Some research (okay, okay, I used Claude) indicates that "In summary, while Congress provides the statutory authority and mandates certain specific fees, the specific amounts for most H1B fees are set through the regulatory process by DHS/USCIS based on cost recovery principles and activity-based costing analysis."

Further, "The core authority comes from the Immigration and Nationality Act (INA) section 286(m), 8 U.S.C. 1356(m), which authorizes the Secretary of Homeland Security to set fees for adjudication services "at a level that will ensure recovery of the full costs of providing all such services".

From the legislation ( https://www.govinfo.gov/content/pkg/USCODE-2024-title8/pdf/U... ):

That fees for providing adjudication and naturalization services may be set at a level that will ensure recovery of the full costs of providing all such services, includ- ing the costs of similar services provided with- out charge to asylum applicants or other immi- grants. Such fees may also be set at a level that will recover any additional costs associated with the administration of the fees collected.

They have already torn up the constitution, this would be small potatoes.

Ya gotta admit, $100,000 per person will definitely ensure recovery of the full costs of providing all such services.

I imagine there's a very good argument that the fee is intentionally excessive, and I also imagine that the Supreme Court will decide after a lengthy court battle that the President is due extensive deference in this.

yes it's legal. New admin is doing more background, investigations and immigration enforcement, which costs more. Taxes and fees are the price you pay for civilization!

Recovery costs is set by the USCIS, which is under the executive branch and subject to "rule" changes.

Congress has largely written itself out of immigration policy. It's paid for by fees set by the executive, which means Congress does not have the power of the purse.