BOSTON, Massachusetts: A third lawsuit, this one filed in a Massachusetts federal court by California and 19 other U.S. states, was brought on December 12 seeking to block President Donald Trump's US$100,000 fee on new H-1B visas for highly skilled foreign workers.
Currently, employers typically pay between $2,000 and $5,000 in fees.
California Attorney General Rob Bonta's office said in a release that the Constitution does not give Trump the power to impose the fee; only Congress can do that. The fee violates a federal law that allows immigration authorities to collect only fees necessary to cover the cost of administering visa programs.
Bonta's office said the $100,000 charge is far higher than the cost of processing H-1B petitions and is therefore unlawful.
U.S. employers hire foreign workers in specialty fields through the H-1B program. The fee would hit tech companies headquartered in California that rely on H-1B visa holders.
Bonta, a Democrat, said the fee would affect providers of vital services such as education and healthcare, exacerbate labor shortages, and threaten service cuts.
New York, Massachusetts, Illinois, New Jersey, and Washington have joined California in the lawsuit.
However, the White House said the new fee is a lawful exercise of Trump's powers and will discourage employers from abusing the H-1B program.
Critics say the H-1B visa is used to hire foreign employees at lower salaries to replace American workers. Business groups and major companies, however, say the visas are used to address a critical shortage of qualified American workers.
The U.S. Chamber of Commerce, the nation's largest business lobby, along with a coalition of unions, employers, and religious groups, has filed separate lawsuits challenging the fee. A judge in Washington, D.C., is scheduled to hear the Chamber's case next week.
Trump's order blocks new H-1B visa recipients from entering the United States unless their sponsoring employer pays $100,000. The administration says the rule does not apply to current H-1B holders or to people who applied before September 21.
In the order, Trump cited his authority under federal immigration law to limit the entry of foreign nationals he says could harm U.S. interests.
