Employers claim the fee is unlawful, limits employers’ access to talent
The US Chamber of Commerce is challenging in court President Donald Trump's order to impose a US$100,000 fee on new H-1B visa applications.
The chamber is arguing that the new fee is unlawful because it contradicts provisions of the Immigration and Nationality Act, which govern the H-1B programme, including the requirement that fees should be based on the costs incurred by the government in processing visas.
"It blatantly contravenes the fees Congress has set for the H-1B programme and countermands Congress's judgement that the programme should provide a pathway for up to 85,000 people annually to contribute their talents to the United States for the betterment of American society," the chamber said in its legal challenge.
It also underscored the impact of the massive fee on the H-1B visa's accessibility to employers.
"The new $100,000 visa fee will make it cost-prohibitive for U.S. employers, especially start-ups and small and midsize businesses, to utilise the H-1B programme, 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, Executive Vice President and Chief Policy Officer at the U.S. Chamber, in a statement.
H-1B visa programme
The H-1B is a non-immigrant visa in the US that allows employers to hire foreign workers in speciality occupations, allowing them to remain in the country for up to three years.
Trump's proclamation late last month imposes a US$100,000 payment for the entry of skilled foreign workers under the visa scheme. This is a major hike from the previous range of $2,000 to $5,000 per application, depending on company size, CNBC reported.
According to Trump, the massive fee seeks to curb employers' abuse of the system, noting that the policy enables them to source employees overseas and leave US workers without jobs.
Bradley said the chamber and its members have always supported the government's proposal to attract more investment in the US.
However, supporting its growth highlights the need for more workers, not fewer.
"The president deserves credit for securing our nation's border. With the border secure, we now have 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," Bradley said.
"That includes working together on common-sense reforms to improve the visa process for skilled workers. The president has said he wants to educate, attract, and retain the world’s best and brightest in the U.S., and the Chamber shares that goal."
