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21 Jumada Al-Akhirah 1447  

California, 19 states sue to block Trump’s $100,000 H-1B visa fee

California-led suit says president lacks authority to impose $100,000 charge
Reuters file
Reuters file

California and 19 other US states filed a lawsuit on Friday seeking to block President Donald Trump’s $100,000 fee on new H-1B visas for highly skilled foreign workers.

The lawsuit in federal court in Boston is at least the third to challenge the fee announced by Trump in September, which dramatically raises the cost of obtaining H-1B visas.

Currently, employers typically pay between $2,000 and $5,000 in fees.

California Attorney-General Rob Bonta’s office said in a release that Trump lacks the power to impose the fee, and that it violates federal law, which allows immigration authorities to collect only fees necessary to cover the cost of administering visa programs.

The H-1B programme allows US employers to hire foreign workers in speciality fields.

The tech industry, with many companies headquartered in California, is particularly reliant on workers who receive the visas.

Bonta said that the $100,000 fee would create unnecessary financial burdens for providers of vital services such as education and healthcare, would worsen labour shortages and threaten to cut services.

The states joining California in the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington.

The White House, in response to other lawsuits, has said the new fee is a lawful exercise of Trump’s powers and will discourage employers from abusing the H-1B programme.

Critics of H-1B visas and other work visas say they are often used to replace American workers with foreign employees who will work for less.

But business groups and major companies have maintained that workers on H-1B visas are a critical means to address a shortage of qualified American workers.

The US Chamber of Commerce, the country’s largest business lobby, and a coalition of unions, employers and religious groups have filed separate lawsuits challenging the fee.

A judge in Washington, DC, is set to hold a hearing on the chambers lawsuit next week.

Trump, in the order, invoked his power under federal immigration law to restrict the entry of certain foreign nationals that would be detrimental to US interests.

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