Chamber of Commerce files lawsuit against Trump’s H-1B visa fee hike

The U.S. Chamber of Commerce on Thursday filed a lawsuit challenging the Trump administration’s $100,000 fee on H-1B visa petitions, arguing that the fee is illegal.

The chamber says the fees unlawfully exceed provisions in the Immigration and Nationality Act governing the H-1B visa program, including a requirement that fees be based on costs incurred by the government in processing applications.

“The new $100,000 visa fee will make it cost prohibitive for American employers, especially startups and small and medium-sized businesses, to take advantage of the H-1B program, which congress created expressly to ensure American companies of all sizes have access to the global talent they need to grow their operations here in the United States,” Neil Bradley, executive vice president and chief policy officer at the U.S. Chamber, said in a statement.

Bradley noted that the chamber supports many aspects of the Trump administration’s economic agenda, including its work to “secure lasting pro-growth tax reforms, unleash American energy, and expose the over-regulation that has stifled growth.”

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He also expressed appreciation for the administration’s efforts to secure the border, which he said created “a once-in-a-generation opportunity to accomplish targeted legal immigration reforms, and we stand ready to work with Congress and the administration to make that happen.”

“This includes working together on commonsense reforms to improve the visa process for skilled workers,” Bradley continued. “The President has said he wants to educate, attract and retain the best and brightest in America, and the Chamber shares that goal.”

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The Department of Homeland Security and the Department of State are defendants in the H-1B visa lawsuit. ((Photo by Celal Gunes/Anadolu Agency via Getty Images) / Getty Images)

The H-1B visa program allows employers to hire nonimmigrant workers in specialized occupations that require specific knowledge in addition to at least a bachelor’s degree.

H-1B workers have temporary authorization to work in the United States, although the visa is renewable.

The program’s goal is to give employers access to workers who need skills and abilities that they cannot obtain from the U.S. workforce.

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Trump signed the H-1B declaration last month. (Ken Cedeno/Reuters/Reuters)

Under the law, employers must certify that the wages they will pay to workers in the H-1B program are at least equal to the actual wage paid to other workers with similar experience or qualifications, or the prevailing wage for the occupation—whichever is greater.

Last month, the president issued a proclamation restricting the issuance of H-1B visas except those accompanied by a $100,000 payment starting September 21, a move that led to the lawsuit.

The Trump administration is also seeking other reforms to the program.

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USCIS is moving forward with a rule that would favor allocating H-1B visas to higher-skilled, higher-wage workers.

The pending rule will also preserve the opportunity for businesses to hire H-1B workers at all wage levels.