Lawsuit Seeks to Block Trump’s $100,000 Fee for H-1B Visas

In What Appears to Be the First Major Challenge to the New $100,000 Fee for H-1B Visa Applications, a Coalition of Healthcare Providers, Religious Groups, University Professors, and Others Filed a Federal Lawsuit Friday to Block the Plan, Saying It Has “Thrown Employers, Workers, and Federal Agencies Into Chaos.”

President Donald Trump Signed a Proclamation on Sept. 19 Requiring the New Fee, Claiming the H-1B Visa Program “Has Been Deliberately Exploited to Replace, Rather Than Supplement, American Workers With Lower-Paid, Lower-Skilled Labor.” The Changes Were Set to Take Effect Within 36 Hours, Causing Panic Among Employers, Who Directed Their Workers to Return to the U.S. Immediately.

The Lawsuit, Filed in U.S. District Court in San Francisco, Asserted That the H-1B Program Is a Critical Pathway for Hiring Healthcare Workers and Educators. It Drives Innovation and Economic Growth in the U.S. and Enables Employers to Fill Positions in Specialized Fields, the Lawsuit Stated.

“Without Relief, Hospitals Will Lose Medical Staff, Churches Will Lose Pastors, Classrooms Will Lose Teachers, and Industries Across the Country Risk Losing Key Innovators,” the Democracy Forward Foundation and Justice Action Center Said in a Press Release. “The Suit Requests the Court to Immediately Block the Order and Restore Predictability for Employers and Workers.”

The Groups Described the New Fee as “Trump’s Latest Anti-Immigration Power Grab.”

Requests for Comment From the Department of Homeland Security and U.S. Customs and Border Protection, Named as Defendants Along With Trump and the State Department, Were Not Immediately Returned.

The H-1B Visa Program Was Established by Congress to Attract High-Skilled Workers to Fill Positions That Tech Companies Struggle to Staff. About One-Third of H-1B Workers Are Nurses, Teachers, Physicians, Scholars, Priests, and Pastors, According to the Lawsuit.

Critics Argue the Program Serves as a Pipeline for Overseas Workers Often Willing to Work for as Little as $60,000 Annually, Far Below the $100,000-Plus Salaries Typically Paid to U.S. Technology Workers.

Historically, H-1B Visas Have Been Distributed Through a Lottery. This Year, Seattle-Based Amazon Was the Largest Recipient With More Than 10,000 Awards, Followed by Tata Consultancy, Microsoft, Apple, and Google. California Leads Geographically in H-1B Worker Numbers.

The $100,000 Fee, Todd Wolfson, President of the American Association of University Professors, Said, Will Deter Top Talent From Bringing Life-Saving Research to the U.S.

Mike Miller, Region 6 Director of the United Automobile, Aerospace, and Agricultural Implement Workers of America, Criticized Trump’s Plan, Saying It “Prioritizes Wealth and Connections Over Scientific Acumen and Diligence.”

Skye Perryman, President and CEO of Democracy Forward, Argued That the “Exorbitant Fee” Invites Corruption and Is Illegal. Congress Created the Program, and Trump Cannot Rework It Overnight or Impose New Taxes by Executive Order, the Groups Maintained.