Chamber of Commerce Sues Trump to Block New Fee for H-1B Visas

The U.S. Chamber of Commerce Sued the Trump (R) Administration Thursday, to Block Steep New Fees in the H-1B Visa Program, in its First Legal Action Against the Administration this Term. The Chamber’s Lawsuit Alleges that Trump’s New $100,000 Visa Fees for the H-1B Program, widely used by Silicon Valley, Violates the Immigration and Nationality Act (INA), according to a Lawsuit filed in the U.S. District Court for the District of Columbia.

The Business Group called the Fee “not only misguided policy” but also “plainly unlawful” and is Requesting that the Court Block the Fee and Declare it Exceeds the Executive Branch’s Authority. The Chamber’s Lawsuit is Not the First against the New Visa Fee, but it’s Significant because the Chamber is One of the most Powerful and Largest Business Groups in Washington.

“The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilize 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.,” said Neil Bradley (R), Executive Vice President at the U.S. Chamber, in a Statement. Upon announcing the New H-1 Visa Fee, the President also Signed an Executive Order to Allow Wealthy Foreigners to Pay $1 million for a “Gold Card” for U.S. Residency and Companies to Pay $2 million for a “corporate gold card” that would Permit them to Sponsor One or more Employees.

The Trump Administration said it Arrived at the $100,000 Fee for H-1B Visas because it would Deter Companies from using the Program to bring in Entry-Level Employees and encourage Employers to use the Program Strictly to Recruit “the great engineers” and “impressively detailed executives,” Commerce Secretary Howard Lutnick (R) said at the time.

The Lawsuit puts the Chamber among the few Business Groups to Challenge the Trump Administration in Court over Policies they say will Hurt Employers. An earlier Lawsuit over the $100,000 Fee for New Visa Applications was Filed in Federal Court in California by a Healthcare-Staffing Business and Labor Unions.

Generally, Employers rely on H-1B Visas to Hire Foreign Workers with Specialized Skills, usually in Science and Technology, when they Cannot Identify American Workers to Fill those Jobs. Tech Companies Tend to be the Largest Beneficiaries of such Visas, but Employers in Manufacturing, Finance, Education, Retail and Health Care also use the Program.

The White House’s announcement of the Policy Change in Mid-September, resulted in Days of Chaos and Confusion for H-1B Visa Holders and Companies Nationwide that use thePprogram to bring Workers in from Abroad. The Administration later Clarified that the Changes do Not apply to Current Visa Holders.

Before the Policy Change, about 85,000 New H-1B Visas were available each year, although Congress Exempts Universities from that Cap. Last year, the Government received about 425,000 H-1B Visa Petitions, and Recipients were Selected through a Lottery.

H-1B Visa Application Fees Depended on Employer Size and Status, but rarely exceeded $5,000 in Total, excluding Lawyer’s Expenses.










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