The lawsuit by the U.S. Chamber of Commerce, which says it represents 300,000 businesses, is the group’s first against the Trump administration since the Republican president took office for a second term in January. The Chamber says in the lawsuit that Trump’s September proclamation imposing the fee on new H-1B visa applications was beyond his powers and would disrupt the complex visa system created by Congress.
The H-1B program allows U.S. employers to hire foreign workers in specialty fields, and technology companies in particular rely heavily on workers who receive H-1B visas. The program offers 65,000 visas annually, with another 20,000 visas for workers with advanced degrees, approved for three to six years.
“Many members of the U.S. Chamber are bracing for the need to scale back or entirely walk away from the H-1B program, to the detriment of their investors, customers, and their own existing employees,“ the group said in the lawsuit filed in Washington, D.C., federal court.
WORKER REPLACEMENT OR SHORTAGE SOLUTION?
Employers who sponsor H-1B workers currently typically pay between $2,000 and $5,000 in fees, depending on the size of the company and other factors. The Chamber, in its lawsuit, said most H-1B petitions cost less than $3,600.
Trump in his unprecedented order invoked his power under federal immigration law to restrict the entry of certain foreign nationals that would be detrimental to the interests of the United States. He said the “large-scale replacement of American workers” through the H-1B program threatens the country’s economic and national security.
But the Chamber argued in its lawsuit that the $100,000 payment does not amount to an entry on restriction because it is paid by businesses and not visa recipients. - Reuters
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