A coalition of 20 states, primarily Democratic, has filed a lawsuit against the Trump administration over the new $100,000 H-1B visa fee.
Led by California attorney general Rob Bonta, the 20 states have
challenged the $100,000 fee, which was implemented by the Department of Homeland Security on September 19.
In their lawsuit against the Trump administration, the states argued that it exceeded its authority granted by Congress and violated the Administrative Procedure Act because the new policy was an illegal attempt to dismantle the visa programme.
“Congress has refined this programme, setting caps, establishing fees, enhancing enforcement and strengthening protections, but what Congress has never done is authorise a president to impose a six-figure surcharge designed to dismantle the programme entirely,” Rob Bonta said at a press conference on Friday, as per CNN.
He stressed that the fee will create unlawful financial burdens on public and private employers, exacerbating existing labour shortages in critical sectors like education and healthcare, where many H-1B visa holders are employed.
“President Trump’s illegal $100,000 H-1B visa fee creates unnecessary – and illegal – financial burdens on California public employers and other providers of vital services, exacerbating labour shortages in key sectors,” he said. “As the world’s fourth largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward.”
The lawsuit is aimed at halting the fee, stressing that only Congress has the power to make such substantial changes to immigration law and its associated costs. During the press conference, Bonta said the state of California has filed 49 lawsuits against the Trump administration since they took office in January.
“The bottom line is, no presidential administration can rewrite immigration law,” he said. “No president can destabilise our schools, our hospitals and universities on a whim, and no president can ignore the co-equal branch of government, of Congress, ignore the Constitution or ignore the law.”
