Legal challenges to the immigration policies of the Trump administration have been steadily increasing since the beginning of his second term. This time, 19 US states have challenged the increase in H-1B visa fees in court.
H-1B visa fee: Legal disputes surrounding the policies of the Trump administration, particularly with Democratic states, have been ongoing since the start of his second term in January. Now, 19 states are preparing to challenge in court a key immigration policy of the Trump administration – a $100,000 fee increase on H-1B visas. These include states such as California, New York, Illinois, and others.
H-1B Visa and Fee Increase
The H-1B visa program allows US employers to hire foreign workers in specialized occupations. This program is considered crucial for teachers, researchers, doctors, nurses, and other essential professionals. The Trump administration recently announced an increase in H-1B visa fees of up to $100,000. California Attorney General Rob Bonta stated that the new fee could pose a significant obstacle for employers, especially public and governmental institutions, who are trying to fill these critical positions.
In his statement, Bonta said, “No president can arbitrarily destabilize our schools, hospitals, and universities, and no president can ignore Congress, the Constitution, or the law.”
States Filing the Lawsuit
The lawsuit will be filed in Federal Court in Massachusetts and will be led by the Attorneys General of 19 states. Previously, a coalition of the US Chamber of Commerce, unions, and religious groups also challenged the same fee increase. The states allege that the fee was implemented by the Department of Homeland Security (DHS) and clearly violates the law. They argue that:
- The fee is levied outside the limits authorized by Congress.
- It is against the fundamental purpose of the H-1B program and the intent of Congress.
- The Administrative Procedure Act (APA)’s notice and comment process was not followed in its implementation.
- The new fee is far higher than actual costs, whereas employers typically pay fees ranging from $960 to $7,595.
The states also claim that the fee increase was issued without the necessary process of the APA and that its potential impacts were not adequately studied. This could have a severe impact, particularly on governmental and non-profit organizations. In addition to California, other states include: Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
Following a hearing, the court will determine whether the Trump administration’s decision to increase H-1B visa fees is legal or illegal. If the court rules in favor of the states, it will be a major setback for the Trump administration’s immigration policy and will provide relief for employers and H-1B visa holders.
