The U.S. Chamber of Commerce on Thursday filed a lawsuit challenging the Trump administration’s $100,000 fee on H-1B visa petitions, arguing the fee is illegal.
The Chamber argues that the fee illegally overrides provisions within the Immigration and Nationality Act that govern the H-1B visa program, including the requirement that fees be based on the costs incurred by the government in processing applications.
“The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially start-up and small and midsize businesses, to utilize the H-1B program, 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 in the U.S.,” Neil Bradley, executive VP and chief policy officer at the U.S. Chamber, said in a statement.
Bradley noted that the Chamber is supportive of many aspects of the Trump administration’s economic agenda, including its work on “securing permanent pro-growth tax reforms, unleashing American energy, and unraveling the overregulation that has stifled growth.”
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He also expressed appreciation for the administration’s efforts on securing the border, which he said has created a “one-in-a-generation opportunity to accomplish targeted legal immigration reforms, and we stand ready to work with Congress and the administration to make that happen.”
“That includes working together on common-sense reforms to improve the visa process for skilled workers,” Bradley continued. “The president has said he wants to educate, attract, and retain the world’s best and brightest in the U.S., and the Chamber shares that goal.”
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The H-1B visa program allows employers to hire nonimmigrant workers in specialty occupations that require specific knowledge as well as the attainment of at least a bachelor’s degree.
H-1B workers have temporary authorization to work in the U.S., though the visa is renewable.
The program’s goal is to give employers the ability to access workers who have needed skills and capabilities that they can’t obtain from the U.S. workforce.
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By law, employers have to attest that the wages they’ll pay H-1B workers are at least equal to the actual wage paid to other workers with similar experience or qualifications, or the prevailing wage of the occupation — whichever is greater.
Last month, the president issued a proclamation restricting the issuance of H-1B visas except for those accompanied by a payment of $100,000 starting on Sept. 21, a move which prompted the lawsuit.
The Trump administration is also pursuing other reforms to the program.
U.S. Citizenship and Immigration Services (USCIS) is moving forward with a rule that would favor the allocation of H-1B visas to higher skilled and higher paid workers.
The pending rule would also maintain the opportunity for businesses to hire H-1B workers at all wage levels.
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