Trump administration $100,000 H-1B visa fee faces legal challenge from US states

A coalition of California and 19 other U.S. states has reportedly filed a lawsuit challenging the Trump administration’s newly imposed $100,000 fee on H-1B visas for highly-qualified migrants on Friday.

The recent filing a lawsuit in federal court in Boston marks the third legal challenge to the fee announced by Trump in September.

According to Reuters, California Attorney General Rob Bonta’s office said in a release that Trump lacks the authority to impose the fee and it contravene federal law which allows immigration authorities to collect only fees necessary to meet the cost of administering visa programs.

The H-1B program allows U.S. employers to employ foreign workers in distinct fields.

The digital sector with several companies headquartered in California, is specifically dependent on workers who receive the visas.

In this connection, Bonta argued that the $100,000 fee would create a financial burden for providers of essential services such as education and healthcare, aggravating labor shortages and forcing them to reduce services.

The lawsuit has been filed by California, joined by New York, Massachusetts, Illinois, New Jersey, and Washington.

The White House, in addressing to other lawsuits, has said that the new fee is an authorized action of Trump’s powers and will dissuade employers from the H-1B program.

Additionally, the U.S. chamber of commerce and an alliance of unions, employers, and religious groups have filed separate lawsuits impugning the fee.

Trump’s mandate prevents new H-1B recipients from entering the United States unless the employer guaranteeing their visa made the $100,000 payment, and the administration clarified that the order does not apply for existing H-1B holders or those who applied before September 21.

Nonetheless, Bonta’s office elucidated that the $100,00 fee surpasses the cost of processing H-1B petitions, making it unlawful, and is imposed just to generate revenues for the United States.