- President has no authority to override Congress’s laws
- Visa fee hike will hurt small businesses that rely on skilled talent, argues
Washington: The US Chamber of Commerce has filed a lawsuit against the Donald Trump administration over its recent decision to impose a steep $1 million fee on all new H-1B visa applicants. Calling the move misguided and illegal, the chamber has warned that such decisions will stifle innovation and hurt America’s global competitiveness. The lawsuit, filed in Columbia, argues that the visa fee decision abrogates Congress’s authority and will make it harder for American companies, especially startups and small businesses, to attract skilled talent.
The chamber’s lawsuit challenges an announcement titled “Banning the Entry of Certain Non-Immigrant Workers.” It claims that the new policy unilaterally defines visa rules and violates the country’s immigration and nationality laws, which are under the sole control of Congress.
The chamber’s lawsuit names the Departments of Homeland Security and State, led by Kristi L. Noam and Marco Rubio, as defendants. The chamber says the new rule would undermine the very purpose of the H-1B visa program, which Congress created to help American professionals hire foreign workers needed for economic growth.
The fee, which is several times higher than the current average of $3,600, would make the H-1B program out of reach for small professionals, said Neil Bradley, executive vice president and chief policy officer of the American Chamber of Commerce. He said startups and small businesses that rely on specialized talent would be hit hardest. The chamber’s complaint further states that the president’s authority over the entry of non-citizens is limited and cannot override established laws made by Congress. The chamber further stated that the new visa fee policy also violates Congress’s decision to cap the H-1B program at 85,000 annual slots, which would have ensured a steady flow of skilled workers who contribute to the country’s economy.
The lawsuit also warns that the policy could provide a strategic advantage to other countries, particularly China, which recently introduced its new K-1 visa to attract international science and technology talent. The chamber concluded that the visa fee hike policy would not only harm American professionals but also drive global talent and innovation away from the United States.
