States Challenge H-1B Visa Fee Hike: California and Massachusetts Initiate Legal Action Against Trump Administration
A significant legal confrontation is brewing as the states of California and Massachusetts announced their intent to sue the Trump administration. The target of their legal challenge is a recently imposed $100,000 fee for H-1B visas, which the states contend is both unlawful and was adopted without proper procedure.
The Core of the Dispute: A $100,000 H-1B Visa Fee
The H-1B visa program is a crucial pathway for U.S. employers to temporarily employ foreign workers in specialty occupations. These roles often require highly specialized knowledge and a bachelor’s degree or higher in a specific field. The program is particularly vital for the technology and science sectors, which are prominent in both California and Massachusetts.
The contested fee, set at an unprecedented $100,000, represents a substantial increase over previous administrative costs. This dramatic escalation has raised alarms among businesses, educational institutions, and advocacy groups.
Legal Grounds: Unlawful and Improperly Adopted
California and Massachusetts are preparing their legal arguments based on two primary objections:
- Unlawful Implementation: The states assert that the administration lacks the statutory authority to impose such a high fee, arguing it goes beyond the scope of existing immigration law.
- Improper Adoption: They further contend that the fee was not adopted through the required administrative processes, such as proper notice-and-comment rulemaking, thereby violating established federal procedures designed to ensure transparency and public input.
“This proposed fee not only places an undue burden on businesses reliant on skilled foreign talent but also appears to circumvent established legal frameworks designed to govern such policy changes,” argue representatives from the plaintiff states.
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