U.S. Chamber of Commerce Brings Lawsuit Against the $100,000 H-1B Visa Fee

In a recent rebuttal, the U.S. Chamber of Commerce has filed a legal challenge to the recently imposed $100,000 H-1B Visa fee. The crux of this challenge states that it overrides the existing laws applicable to the H-1B programme. Let us look at this legal challenge in detail and what it could mean for the future of the H-1B.

Everything you need to know about this latest legal challenge

This is the second time the fee imposition has been legally challenged. The first lawsuit was brought by an independent coalition of workers, healthcare stakeholders, and religious organisations.

However, now with the Chamber of Commerce bringing it to the forefront, the stakes are never higher than before. The urgency of it could be discerned in their comments:

“The Chamber’s litigation argues that the new fee is unlawful because it overrides provisions of the Immigration and Nationality Act that govern the H-1B program, including the requirement that fees be based on the costs incurred by the government in processing visas.”

Hence, to paraphrase it, the Chamber’s litigation argues that the imposition is intrinsically in conflict with the provisions of the Immigration and Nationality Act. And, instead of the said protocol that the fees should align with the costs incurred by the government during visa processing, the imposition remains external to the process.

The litigation also argues that the H-1B programme was designed for high-skilled roles, which the companies may struggle to find locally. Hence, the programme should be structured to maximise the conveniences of the local talents.

Litigation argues H-1B fee is an obstacle to employee equity

Moreover, the H-1B fee is putting start-ups and small and mid-size businesses in a struggling and precarious position if the latter choose to hire foreign talent. In the language of Neil Bradley, the Executive Vice President and Chief Policy Officer at the U.S. Chamber of Commerce, “The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilise the H-1B program, which was created by Congress expressly to ensure that American businesses of all sizes can access the global talent they need to grow their operations here in the U.S.”

As one of the leading EB-1A consultants, we are always on the lookout for the transformations on the U.S. visa landscape, big or small. Bookmark our blog section to get timely updates about the immigration landscape.

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