Journalism of Courage
US H-1B Visa Fee Hike: The US Chamber of Commerce has filed a lawsuit against the Trump administration’s decision to impose a USD 100,000 fee on all new H-1B visa petitions, calling it a “misguided policy and plainly unlawful” action that could harm American innovation and competitiveness, reported PTI.
The lawsuit, filed Thursday in a district court in Columbia, challenges the administration’s September 19 proclamation, Restriction on entry of certain nonimmigrant workers, arguing that it violates the Immigration and Nationality Act by overriding Congress’ authority to regulate the H-1B visa programme.
The complaint names the Departments of Homeland Security and State, along with their secretaries, Kristi L Noem and Marco Rubio, as defendants.
Neil Bradley, Executive Vice President and Chief Policy Officer at the US Chamber, said, according to PTI: “The fee would make it cost-prohibitive for US employers, especially start-ups and small and midsize businesses, to utilize the H-1B programme, which was created by Congress expressly to ensure that American businesses of all sizes can access the global talent they need to grow their operations here.”
Also Read: The H-1B paradox: India needs to stop celebrating brain drain as ‘global success’
The Chamber’s complaint underlines that while the president has authority over entry of noncitizens that authority is bound by statute and cannot directly contradict laws passed by Congress.
“The proclamation does precisely that: It blatantly contravenes the fees Congress has set for the H-1B programme and countermands Congress’s judgment that the programme should provide a pathway for up to 85,000 people annually to contribute their talents to the United States for the betterment of American society,” the lawsuit states.
Bradley added, “The US economy will require more workers, not fewer,” noting that highly skilled professionals boost innovation, create American jobs, raise wages, and develop products and services that benefit society.
The complaint argues that the new proclamation “upends” a carefully balanced statutory framework. “If implemented, that fee would inflict significant harm on American businesses, which would be forced to either dramatically increase their labour costs or hire fewer highly skilled employees for whom domestic replacements are not readily available,” it said according to PTI.
The Chamber warned that the fee could also give an economic advantage to rival countries, “who will surely welcome the talent no longer able to accept work in the United States. That is a competitive edge that foreign employers might never cede back.”
The fee hike could severely affect Indian professionals, who make up an estimated 71 per cent of all approved H-1B applications in recent years, according to US Citizenship and Immigration Services (USCIS). Companies typically pay to sponsor H-1B applicants.
In contrast, China recently announced a new work permit called the K-Visa for global science and technology professionals, allowing them to explore work opportunities without a domestic employer invitation. The K-Visa offers more convenience in terms of permitted entries, validity, and duration of stay compared to China’s existing visa types.
(With inputs from agencies)
