Chamber of Commerce files lawsuit over $100,000 H-1B visa fee
The U.S. Chamber of Commerce filed a lawsuit against the Trump administration on Thursday over its decision to raise the H-1B work visa application fee to $100,000, arguing that President Trump exceeded his authority in changing the visa program.
The chamber says Congress “struck a complex and deliberate balancing act” in setting fees for a visa program focused on attracting highly skilled foreign workers.
“The ad is not only misleading policy, it is patently illegal,” the lawsuit said. “The President has significant power over the entry of non-citizens into the United States, but this power is limited by law and cannot directly conflict with laws passed by Congress.”
“The declaration does precisely that: It stands in stark contrast to the fees set by Congress for the H-1B program and invalidates Congress’ ruling that the program must provide a path for up to 85,000 people annually to contribute their talents to the United States for the betterment of American society.”
Trump signed the proclamation last month to raise the H-1B visa fee to $100,000 in an effort to encourage companies to hire American workers instead.
This change has shocked the technology sector, which relies heavily on the program to bring in the best foreign talent. Amid initial confusion over how the rule would work, several major tech companies warned their employees on H-1B visas to remain in the United States or return immediately.
The administration later clarified that the new fees do not affect anyone who currently has a visa or their ability to travel to and from the United States
While this resolved the initial confusion, experts warned that the new fees could be expensive, especially for small businesses, and could make it difficult for companies to attract talent from abroad, which has been a huge boon for the United States.
Those concerns were echoed in the chamber’s lawsuit filed Thursday, which argued that the fee would make the visa “no longer economically viable for many small businesses in the first place.” It also claimed it would force companies to “significantly increase labor costs” or employ fewer foreign workers who may not be easy to replace.
