Legislative and Judicial Scrutiny of the H-1B Visa Fee Implementation

對 H-1B 簽證費用實施情況的立法與司法審查

Jun 3, 2026, 11:07
USPolitics

Introduction

The Department of Homeland Security (DHS) is facing congressional inquiry regarding a $100,000 fee imposed on H-1B visa petitions by the Trump administration.

美國國土安全部 (DHS) 正面臨國會針對川普政府對 H-1B 簽證申請徵收 10 萬美元費用的質詢。

Main Body

The fiscal policy, initiated via a September 2025 presidential proclamation, seeks to incentivize the recruitment of domestic labor by increasing the cost of foreign specialized personnel. During a Senate Appropriations Committee hearing, Secretary Markwayne Mullin reported that of 286,000 applicants for fiscal year 2026, over 200,000 elected to pay the fee to secure expedited processing, reducing wait times from approximately seven and a half months to 15 days.

這項財政政策透過 2025 年 9 月的總統公告啟動，旨在透過增加外國專業人員的成本，以激勵招聘本土勞工。在參議院撥款委員會的聽證會上，秘書 Markwayne Mullin 報告指出，在 2026 財政年度的 286,000 名申請人中，超過 200,000 人選擇支付該費用以獲得快速處理，將等待時間從約七個半月縮短至 15 天。

Stakeholder positioning reveals a significant divergence in perspective. Senator Susan Collins and Senator Lisa Murkowski highlighted the adverse effects on rural infrastructure, specifically citing the necessity of foreign surgeons in northern Maine and educators in Alaska. They argued that the current framework fails to distinguish between high-capital tech sectors and essential services in underserved regions. Conversely, proponents of the fee maintain that it prevents the depression of domestic wages.

利益相關者的立場顯示出顯著的觀點分歧。參議員 Susan Collins 與參議員 Lisa Murkowski 強調了對鄉村基礎設施的不利影響，特別引用了緬因州北部對外國外科醫師以及阿拉斯加對教育工作者的需求。她們認為目前的框架未能區分高資本的科技部門與醫療不足地區的基本服務。相反，支持該費用的人士則堅持認為這能防止本土薪資下降。

Legislative responses have been fragmented. Proposals range from the nullification of the fee by Representative Bonnie Watson Coleman to the complete abolition of the H-1B program suggested by Representative Greg Steube. Simultaneously, Senators Grassley and Durbin have proposed a comprehensive overhaul of H-1B and L-1 programs to enhance federal oversight. The legal validity of the fee is currently under judicial review, with active litigation in the U.S. Court of Appeals for the D.C. Circuit and various district courts, including a pending decision from U.S. District Judge Leo Sorokin regarding the administration's statutory authority.

立法回應較為分散。提案範圍從眾議員 Bonnie Watson Coleman 要求廢止該費用，到眾議員 Greg Steube 建議完全廢除 H-1B 計畫不等。同時，參議員 Grassley 與 Durbin 提出對 H-1B 和 L-1 計畫進行全面改革，以強化聯邦監管。該費用的法律效力目前正處於司法審查中，美國哥倫比亞特區巡迴上訴法院及多個地區法院均有相關訴訟，其中包括美國地區法官 Leo Sorokin 針對行政部門法定權限的待定裁決。

Conclusion

The $100,000 H-1B fee remains operational pending the outcome of multiple federal court challenges and potential legislative amendments.

在多項聯邦法院挑戰與潛在立法修正案結果出爐前，10 萬美元的 H-1B 費用仍維持實施。

Vocabulary Learning

The Nuance of 'Statutory Authority' and Institutional Nominalization

To migrate from B2 to C2, a student must move beyond describing actions and begin describing mechanisms of power. The text provided is a masterclass in Nominalization—the process of turning verbs (actions) into nouns (concepts)—which is the hallmark of high-level academic and legal English.

⚡ The C2 Pivot: From 'Doing' to 'Being'

Observe the phrase: "...regarding the administration's statutory authority."

At a B2 level, a writer might say: "The judge is deciding if the administration has the legal power to do this."

Why the C2 version is superior:

  1. Density: "Statutory authority" compresses a complex legal concept (the power granted by a written law/statute) into a single noun phrase.
  2. Objectivity: It removes the human agent ("The judge is deciding") and focuses on the legal entity ("statutory authority"), creating the necessary distance required for formal discourse.

🔍 Linguistic Deconstruction: The 'Divergence' Framework

Consider the sentence: "Stakeholder positioning reveals a significant divergence in perspective."

  • Stakeholder positioning: This is not just "what people think." It refers to the strategic placement of an entity's interests within a political landscape.
  • Divergence: While a B2 student uses "difference," a C2 speaker uses "divergence" to imply a movement away from a common point. It suggests a growing gap rather than a static difference.

🛠️ The 'Precision' Toolkit

To emulate this style, replace generic verbs with Institutional Verbs and Abstract Nouns:

B2 ExpressionC2 Institutional EquivalentLinguistic Shift
To stop somethingNullificationAction →\rightarrow Legal State
To change completelyComprehensive overhaulGeneral change →\rightarrow Systematic reconstruction
To make something happenImplementationExecution →\rightarrow Formal adoption
To argue againstJudicial scrutinyDisagreement →\rightarrow Formal examination

C2 Insight: Mastery is achieved when you stop treating language as a way to tell a story and start treating it as a way to define a system.

Vocabulary Learning

fiscal (adj.)
Relating to government revenue and expenditure; concerning public finances.
Example:The fiscal policy aimed to curb deficits.
incentivize (v.)
To provide a reward or benefit to encourage a particular behavior.
Example:The company incentivized employees with bonuses.
recruitment (n.)
The process of hiring or enlisting people for a job or organization.
Example:The university's recruitment drive attracted top talent.
domestic (adj.)
Pertaining to one's own country; national.
Example:Domestic labor shortages prompted new regulations.
specialized (adj.)
Having specific skills or knowledge for a particular field.
Example:Specialized personnel were required for the project.
personnel (n.)
Employees or staff of an organization.
Example:Personnel must complete training before deployment.
appropriations (n.)
Funds allocated by a legislative body for specific purposes.
Example:Appropriations were approved for the new program.
expedited (adj.)
Done quickly or in an accelerated manner.
Example:Expedited processing reduced wait times.
divergence (n.)
A difference or departure from a standard or expected path.
Example:The divergence in opinions caused debate.
perspective (n.)
A particular point of view or way of considering something.
Example:Her perspective on the issue was enlightening.
rural (adj.)
Relating to the countryside; not urban.
Example:Rural infrastructure needs investment.
infrastructure (n.)
Basic physical and organizational structures needed for operation.
Example:Infrastructure upgrades improved connectivity.
surgeons (n.)
Medical doctors who perform operations.
Example:Surgeons were in high demand in the region.
underserved (adj.)
Lacking adequate services or resources.
Example:Underserved communities receive special assistance.
proponents (n.)
Supporters or advocates of a particular idea.
Example:Proponents of the fee argue it funds services.
depression (n.)
A state of low spirits or a severe economic downturn.
Example:The fee could cause a depression in wages.
fragmented (adj.)
Broken into pieces; lacking cohesion.
Example:The fragmented legislation made enforcement difficult.
nullification (n.)
The act of making something null or void.
Example:Nullification of the fee was proposed.
abolition (n.)
The act of ending or eliminating something.
Example:Abolition of the program was called for.
comprehensive (adj.)
Complete and thorough; covering all aspects.
Example:A comprehensive review was conducted.
overhaul (n.)
A thorough examination and systematic improvement.
Example:An overhaul of the system was necessary.
oversight (n.)
Supervisory control or monitoring.
Example:Federal oversight ensures compliance.
judicial (adj.)
Relating to courts or judges.
Example:Judicial review assessed the law's validity.
litigation (n.)
The process of taking a dispute to court.
Example:Litigation over the fee is ongoing.
statutory (adj.)
Relating to laws enacted by a legislative body.
Example:Statutory authority governs the program.
operational (adj.)
In use or functional; active.
Example:The operational status of the fee remains unchanged.
pending (adj.)
Awaiting a decision or outcome.
Example:Pending decisions will determine future actions.
potential (adj.)
Capable of becoming; possible.
Example:Potential reforms could reshape policy.
amendments (n.)
Changes or additions to a document or law.
Example:Amendments to the act were proposed.
capital (n.)
Wealth in the form of money or assets; also a city.
Example:High-capital tech sectors drive innovation.
administration (n.)
The group of people who manage an organization or government.
Example:The administration announced new measures.
legislative (adj.)
Pertaining to the law‑making process.
Example:Legislative bodies debated the proposal.
Practice C2 words in a crossword→