Lawsuit Surfaces Against $100,000 H-1B Visa Hike: What You Need to Know

Last Friday, a coalition of unions, employers, and religious groups filed a lawsuit with the objective of stopping U.S. President Donald Trump’s plan to impose a $100,000 H-1B Visa fee for foreign workers. This news has been reported by multiple outlets, including Reuters and Business Standard.

This lawsuit has reportedly been filed in the federal court in San Francisco, being the first legal challenge against the administration on this new imposition. Usually, in the H-1B visa programme, US employers can hire highly skilled foreign workers. Previously, the employers were required to pay fees ranging from $2,000 to $5,000. However, according to the new imposition, the next generation of visa holders will not be able to gain entry into the US unless their employers pay the $100,000. With this context in mind, let us take a closer look at the recent lawsuit that has surfaced against this policy.

As a leading mentor of EB-1A green cards, it falls in our responsibilities to constantly stay updated on all the ups and downs in the visa landscape. We invite you to zoom into this recent news of the lawsuit with us.

What is the claim of the lawsuit?

The lawsuit iterates that the H-1B programme is indispensable and essential for hiring healthcare workers, educators and other industry specialists; and the programme also drives steady and consistent economic growth in the US. The group also argues that the foreign talents are essential for the nation’s overall economic growth.

As spearheaders of the lawsuit, Democracy Forward Foundation and the Justice Action Centre have commented the following in a press release:

“Without relief, hospitals will lose medical staff, churches will lose pastors, classrooms will lose teachers, and industries across the country risk losing key innovators.”

In light of this sentiment, the group has urged the court to block the fee immediately and make the H-1B programme safe and inclusive for all employers and workers.

The allegation of ‘unlawful move’

Moreover, the plaintiffs have described the imposed fee as a “latest anti-immigration grab”. The lawsuit further argued that Trump’s move is unlawful as it twists the H-1B programme without the necessary congressional approval. As a result, according to the lawsuit, the employers are now forced to either pay or seek a ‘national interest’ exemption. The latter tendency can open the door to selective enforcement and corruption, the lawsuit argued.

To quote verbatim, Reuters has reported the suit to comment on the following:

“The Proclamation transforms the H-1B programme into one where employers must either ‘pay to play’ or seek a ‘national interest’ exemption, which will be doled out at the discretion of the Secretary of Homeland Security, a system that opens the door to selective enforcement and corruption.”

The groups to bring the lawsuit to the table consist of the United Auto Workers, the American Association of University Professors, a nurse recruitment agency, and myriad other religious groups and organisations. They stay resolved in their argument that it is ‘unlawful’ to override the law that created and shaped the H-1B programme.

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