A coalition of Democratic states has filed a lawsuit against the Trump administration regarding the newly implemented $100,000 fee for H-1B visas. This announcement was made by several Democratic attorneys general on Friday.
Details of the H-1B Visa Fee Controversy
In September, the Trump administration proposed the significant fee, arguing that the H-1B visa program is being exploited. California Attorney General Rob Bonta, Massachusetts Attorney General Andrea Joy Campbell, and New York Attorney General Letitia James are at the forefront of this legal challenge.
The H-1B visa program allows foreign professionals to work in specialized roles, requiring applicants to possess at least a bachelor’s degree or an equivalent qualification.
Legal Arguments Against the Fee
- The Democratic attorneys general claim the fee exceeds what Congress has authorized.
- Bonta stated that Congress has established specific guidelines for the program without allowing a presidential surcharge.
- He emphasized that the $100,000 fee will impose significant financial hardship on both state and private employers.
Bonta mentioned that this fee may hinder the ability to fill essential job vacancies in various sectors, particularly in education and healthcare. For instance, he pointed out that nearly 30,000 educators and 17,000 healthcare professionals in the U.S. rely on H-1B visas.
Ongoing Legal Actions
California has previously filed 49 lawsuits against the Trump administration since it came into power in January. Bonta reiterated the importance of adhering to immigration laws established by Congress. He remarked, “No presidential administration can rewrite immigration law,” stressing the need to respect the Constitution and the legislative process.
The Department of Homeland Security was contacted for a response to the lawsuit; however, no comments were provided. The Justice Department also declined to comment on the matter.
