Washington: A coalition of 22 US attorneys general has opposed the Trump administration’s proposal to impose a $103,265 fee on certain H-1B visa petitions, arguing that the measure is unlawful and could make it more difficult for states and local institutions to recruit skilled foreign professionals.
Virginia Attorney General Jay Jones joined the coalition in submitting a formal comment letter to US Citizenship and Immigration Services (USCIS), urging the agency to withdraw the proposed rule. USCIS issued the notice of proposed rulemaking on August 25.
Under the proposal, employers that are not exempt from the annual H-1B visa cap would face a $103,265 charge for applicable petitions. The attorneys general argue that the proposed amount effectively functions as a tax and that the executive branch does not have the authority to impose such a charge without approval from Congress.
The coalition also contends that the proposal exceeds USCIS authority under the Immigration and Nationality Act and could violate the Administrative Procedure Act. According to the attorneys general, USCIS has not adequately considered the potential impact of the fee on states or examined less harmful alternatives.
The states also criticised the 30-day public comment period, describing it as unusually short and insufficiently justified.
The attorneys general said the proposed fee could create additional difficulties for state and local institutions that depend on skilled foreign workers, particularly amid shortages in education, healthcare and other essential services.
“Individuals in this class are more than just names on papers – they are our teachers, doctors, nurses, caretakers, and more. They are our neighbors and friends and family,” Jones said.
Jones also argued that the proposed policy could place additional pressure on communities and public services. He said his office would use legal measures to challenge the proposal if it moves forward.
The coalition further cited a previous attempt by an administration to impose a similar charge, arguing that the latest proposal again seeks to impose a tax through administrative action rather than through congressional authorization.
The 22-member coalition includes attorneys general from Virginia, California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Washington and Wisconsin, along with the District of Columbia.
The H-1B programme allows US employers to hire foreign workers for specialty occupations that generally require specialised knowledge and at least a bachelor’s degree or its equivalent. Technology companies are among the major users of the programme, while hospitals, schools, universities and research institutions also employ H-1B professionals.
The proposed fee has particular significance for employers that rely on the H-1B programme to recruit highly skilled workers, including professionals from India. The legal challenge by the states could now become an important part of the ongoing debate over the proposed H-1B fee and its potential impact on employers, workers and public institutions across the United States.
