Lawsuit Challenges Trump’s $100,000 H-1B Visa Fee Hike
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A coalition of US labour unions, universities, healthcare providers and visa holders has launched the first lawsuit against President Donald Trump’s controversial $100,000 H-1B visa fee hike, arguing that the administration acted unlawfully.
Filed on 3 October, the case claims the new requirement, which took effect on 21 September, will trigger “catastrophic setbacks” in science, research and education, while deepening labour shortages in teaching, nursing and engineering. Plaintiffs include the American Association of University Professors, representing more than 50,000 academics, and the Global Village Academy Collaborative, a network of bilingual schools.
The lawsuit contends that Trump lacked the constitutional authority to impose such a fee, stating that the “power of the purse” rests with Congress. It further alleges violations of the Immigration and Nationality Act and the Administrative Procedure Act, as the rule was imposed just two days after being announced, bypassing the required notice and comment period.
Supporters of the legal action warn the charge, which is between 20 and 50 times higher than previous H-1B fees, will deter employers from hiring international talent and jeopardise the United States’ position as a global hub for research and innovation. Andrea Liu, a physicist at the University of Pennsylvania, described the measure as “an utter disaster – yet another body blow to science”.
The White House defended the policy, with spokesperson Abigail Jackson saying the fee would discourage companies from “spamming the system” and ensure American wages were protected. She dismissed the lawsuit as “frivolous”, arguing the action was lawful and consistent with Trump’s pledge to prioritise US workers.
The legal challenge comes amid growing concerns about the country’s skills gap. A Georgetown University study has forecast a shortfall of 5.25 million workers with postsecondary education by 2032, with education and healthcare among the hardest-hit sectors. Businesses also face uncertainty as the administration moves to overhaul the H-1B lottery to favour “higher skilled and higher paid” applicants, further complicating America’s talent pipeline.
With Amazon, Microsoft, Apple and Meta among the largest H-1B sponsors, further lawsuits are expected as US companies and universities assess the impact of the dramatic fee increase.
Source: THE PIE NEWS
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