The US Chamber of Commerce has filed a lawsuit against the Donald Trump administration’s decision to impose a fee of US $ 100,000 on all new H-1B visa applications. The move has been described as misguided policy and clearly illegal that could undermine American innovation and competitiveness.
The lawsuit, filed Thursday in a District of Columbia court, challenges the administration’s September 19 announcement banning entry of some non-immigrant workers. It argues that it violates the Immigration and Nationality Act by circumventing Congress’s authority to regulate the H-1B visa program.
Trump administration officials made defendants
The Departments of Homeland Security and State, their secretaries, Kristi L. Noem and Marco Rubio, have been named as defendants. Neil Bradley, executive vice president and chief policy officer of the US Chamber of Commerce, said that this excessive fee, above the current level of approximately US$3,600, will make it more expensive for US employers, especially start-ups and small and medium-sized businesses, to use the H-1B program.
Trump’s announcement is a clear violation of Congress’s decision and law.
He said it was created by Congress explicitly to ensure that American businesses of all sizes can access the global skills needed to expand their operations here. In its complaint, the Chamber said that this announcement is not only a misleading policy, but it is also clearly illegal.
Fee increase declared illegal
It states that the President has significant authority over the entry of non-citizens into the United States, but this authority is limited by law and cannot directly violate laws passed by Congress.
It says, this announcement by the Trump administration to increase visa fees does just that. This clearly violates the fees set by Congress for the H-1B program and overrides this Congressional decision.
It is not within the President’s jurisdiction to increase fees.
The Chamber’s complaint also highlights that this announcement goes beyond the legitimate authority of the President. Bradley said the chamber has actively supported Trump’s proposals to attract more investment to the US, but to support this tariff increase, the US economy will need more workers, not fewer.
Tariff deficit deal increases for US economy
After obtaining H-1B status, thousands of highly skilled people in specific fields grow the American economy every year. These professionals pave the way for the growth of businesses of all sizes, in all industries of the economy.
This results in new innovative initiatives that lead to more American jobs, higher wages, and new products and services that improve the quality of life for all Americans. The chamber’s complaint said the new announcement overturns a carefully balanced statutory framework.
Business will suffer losses due to increase in labor costs due to heavy duty
It said that if implemented, this tariff would cause significant harm to American businesses, forcing them to either significantly increase their labor costs or hire less skilled workers.
If banned in America, competitors will give chance to skilled professionals
According to the Chamber, such sanctions would also provide economic benefits to America’s rivals. It will certainly welcome talents who are no longer able to work in the United States. This is a competitive advantage that foreign employers will probably never give back.
In September, President Donald Trump signed the proclamation, increasing the fee for H1-B visas to US$100,000 (approximately Rs 88 lakh) annually. This move may adversely impact Indian professionals on visas in the US.
According to the US Citizenship and Immigration Services (USCIS), about 71 percent of all H-1B applications approved in recent years have been from Indians. Companies pay to sponsor H-1B applicants. Whereas America is tightening its visa system.
China is keeping its visa policy flexible
China has recently announced a new work permit called K-Visa, under which qualified professionals from all over the world can come to the country and seek work opportunities. The K-Visa aims to attract young science and technology talents and does not require an invitation to be issued by a domestic employer or institution.
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