A coalition of unions, educators, religious organisations, and nonprofits has filed the first significant lawsuit against the Trump administration’s recently announced USD 100,000 one-time fee on new H-1B visas for skilled foreign workers.
The case, lodged on Friday in the Northern District of California, argues that the president lacks authority to impose revenue measures without congressional approval and has bypassed the regulatory process, describing the move as “arbitrary and capricious.”
The plaintiffs said the fee could severely impact hospitals, schools, churches and small businesses that rely on skilled foreign professionals. “The federal government ignored the impact this would have on communities across the country,” the groups stated.
The lawsuit comes amid widespread confusion following Trump’s proclamation last month, with companies rushing to advise employees abroad to return before the new rules took effect.
White House Press Secretary Karoline Leavitt clarified that the fee applies only to new visa petitions and not to renewals or current H-1B holders. She also emphasised that existing visa holders abroad will not be charged for re-entry.
The Trump administration has defended the measure, citing concerns over job losses for American workers. According to a White House fact sheet, the share of IT jobs held by H-1B visa holders rose from 32 per cent in FY2003 to over 65 per cent in recent years, which it described as evidence of the programme’s “abuse” and its impact on US employment. |
