First lawsuit filed challenging Trump’s $100,000 H-1B visa fee
Key Takeaways
- A coalition of unions, employers, and religious groups sued to block President Trump's $100,000 fee on new H-1B visas.
- The lawsuit argues that Trump exceeded his authority by attempting to alter the H-1B statute and impose fees reserved for Congress.
- The administration claims the fee is necessary to protect American workers and national security from the perceived misuse of the visa program.
- H-1B visas are critical for US technology companies to address shortages of specialized, qualified American workers.
- The plaintiffs assert the new fee structure creates a 'pay to play' system subject to corruption and stifles innovation.
A coalition including the United Auto Workers, American Association of University Professors, employers, and religious groups has initiated a lawsuit challenging President Donald Trump’s recent proclamation imposing a steep $100,000 fee on new H-1B visas. Filed in San Francisco federal court, this is the first legal challenge against the order, which Trump justified by citing national security concerns and the alleged undermining of American workers by lower-wage H-1B recipients. The plaintiffs contend that the President cannot unilaterally alter the statutory framework governing the H-1B program or impose new revenue-generating mechanisms, as that authority rests solely with Congress. The lawsuit further alleges that the proclamation transforms the program into a 'pay to play' system and that implementing agencies bypassed necessary rulemaking processes. The H-1B program, which grants 65,000 standard visas annually, is crucial for US technology companies facing shortages of qualified domestic workers, though critics argue it facilitates the replacement of American labor with cheaper foreign talent. India remains the largest recipient of these visas by a significant margin.
