H-1B Visa Fee Faces Legal Battle: Critics Claim Unlawful Imposition

A $100,000 fee for H-1B visas, a policy enacted by the Trump administration, is now under legal scrutiny. The lawsuit, filed in San Francisco, alleges the fee is unlawful. The legal challenge is brought by a coalition of higher education professionals, unions, and a staffing agency, marking the first major legal confrontation with the policy. The proclamation, signed last month, introduced the fee for new H-1B visa applications, with the administration citing concerns about misuse of the program. The lawsuit’s central argument is that the former president lacked the authority to impose such a fee. It contends the power to impose taxes resides solely with Congress. The plaintiffs also claim the move forces employers to either pay the hefty fee or seek a ‘national interest’ exemption, which can lead to selective enforcement and corruption, according to the lawsuit.