This week, a coalition of unions, employers and religious organizations filed a lawsuit in the U.S. District Court for the Northern District of California in San Francisco, aiming to block President Trump’s recent proclamation that would impose a $100,000 fee on new H-1B visas for highly skilled foreign workers.
Under the proclamation, employers sponsoring new H-1B recipients would need to pay an extra $100,000 per visa on top of the typical $2,000–$5,000 in fees. The administration says the measure is needed to shore up national security, protect American workers, and discourage the “large-scale replacement of American workers” in science and technology roles.
Plaintiffs—including the United Auto Workers, the American Association of University Professors, a nurse recruitment agency and several religious groups—argue that the president lacks authority to override Congress’s statutory scheme for the H-1B program. They claim that only Congress can impose fees or taxes and that the new rule risks selective enforcement and corruption by requiring a “national interest” exemption at the discretion of the Department of Homeland Security.
Case Highlights
- Legal challenge filed two weeks after the proclamation was issued.
- Targeting an additional $100,000 surcharge for new visa sponsors.
- H-1B program capped at 65,000 visas plus 20,000 for advanced-degree holders.
- Current sponsor fees range from $2,000 to $5,000.
Business groups and major tech companies have warned that H-1B visas are a critical means to address a shortage of qualified workers in specialty fields. With visas approved for three to six years, the program has long been a key source of specialized talent for U.S. industries.
As the litigation proceeds, the federal court’s decision could redefine the balance of power between the executive branch and Congress, and influence the future landscape for innovation and global talent flows into the United States.
Reference(s):
Trump's $100,000 fee for H-1B worker visas challenged in lawsuit
cgtn.com
