A coalition of unions, employers, and religious organisations has filed a lawsuit seeking to block US President Donald Trump’s plan to impose a $100,000 fee on new H-1B visas for high-skilled foreign workers.
The lawsuit, lodged in federal court in San Francisco on Friday, marks the first legal challenge to Trump’s proclamation issued last month announcing the fee.
Plaintiffs including the United Auto Workers union and the American Association of University Professors argue that while the president has authority to restrict the entry of certain foreign nationals, he cannot override the law governing the H-1B visa programme.
The H-1B programme enables US employers to hire foreign professionals in specialised fields. Technology firms, in particular, rely heavily on such workers.
Critics of the programme contend that H-1B and similar work visas are used to replace American employees with lower-cost foreign labour. However, business groups and major corporations insist that H-1B visas are vital to addressing the shortage of qualified US workers.
Employers sponsoring H-1B workers currently pay between $2,000 and $5,000 in various fees, depending on company size and other criteria.
Under Trump’s order, new H-1B recipients would be barred from entering the US unless their sponsoring employer pays an additional $100,000. The administration has clarified that the order does not apply to current H-1B holders or applicants who submitted their paperwork before September 21.
Trump invoked his authority under federal immigration law, arguing that the entry of certain foreign nationals could be detrimental to US interests.
“The Proclamation transforms the H-1B programme into one where employers must either ‘pay to play’ or seek a ‘national interest’ exemption,” the lawsuit stated, warning that such discretion could lead to “selective enforcement and corruption.”
The plaintiffs also claim that the Department of Homeland Security’s US Citizenship and Immigration Services, along with the Department of State, implemented the policy without adhering to required rulemaking procedures and without considering how “extorting exorbitant fees will stifle innovation.”
The H-1B programme grants 65,000 visas annually for temporary foreign professionals in specialised fields, plus an additional 20,000 for individuals with advanced degrees. The visas are typically valid for three to six years.
India was the largest recipient of H-1B visas last year, accounting for 71 percent of approvals, while China followed with 11.7 percent, according to official data.
Source: AL Jazeera
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