Lawsuit Challenges Trump’s $100,000 H-1B Visa Fee, Citing Stalled Medical Research

A federal lawsuit aims to block a new $100,000 fee on H-1B visa applications. The legal challenge was filed in a San Francisco court by a coalition of unions and advocacy groups. It argues the fee is an illegal overreach by the president.

The order from the Trump administration imposes the one-time cost on employers. According to Reuters, petitioners claim it represents an unprecedented change to the immigration program. They state the president lacks the authority to unilaterally impose such a fee.

Researcher’s Story Highlights Human Cost of Visa Change

The lawsuit uses a specific example to make its case. It cites “Plaintiff Phoenix Doe,” an Indian citizen and postdoctoral researcher in Northern California. Her H-1B petition has been paused because of the massive fee.

Her research focuses on genetic causes of vision loss. The work aims to find new treatments for blinding conditions. The university relies on her to build its research program and secure future funding.

The suit states the university has indefinitely paused her application. This has caused her significant stress and anxiety. She may be forced to leave the United States within four months.

Her departure would set back crucial research. It would disrupt the lab’s ongoing work and ability to get funding. This could delay treatments for the conditions she studies.

Broader Impact on Innovation and U.S. Competitiveness

The case is pursued by several prominent organizations. These include the United Auto Workers union and the American Association of University Professors. The Justice Action Center and Democracy Forward Foundation are also involved.

The lawsuit criticizes federal agencies for implementing the order. It says proper rulemaking procedures were not followed. The groups warn the high cost will ultimately stifle American innovation.

The H-1B visa program allows U.S. employers to hire foreign workers in specialty fields. Normally, employers pay fees between $2,000 and $5,000. The new order bars new visa holders from entering unless their employer pays the $100,000 fee.

The legal battle over the H-1B visa fee highlights a major immigration policy conflict. The outcome could affect thousands of specialized workers and the companies that hire them. This H-1B visa lawsuit will determine the future of a key channel for skilled professionals.

Info at your fingertips

Q1: What is the new H-1B visa fee?

The Trump administration issued an order for a one-time $100,000 fee on H-1B visa applications. This is a significant increase from the previous standard fees that ranged from $2,000 to $5,000.

Q2: Who is challenging the H-1B fee hike?

A coalition including the United Auto Workers union and the American Association of University Professors filed the lawsuit. The Justice Action Center and several religious organizations are also part of the legal challenge.

Q3: What is the main argument against the fee?

The lawsuit argues the president does not have the authority to unilaterally impose a fee to generate revenue. It also states that federal agencies implemented the order without following proper legal procedures.

Q4: How does the fee impact research?

The lawsuit cites the case of a medical researcher whose work on vision loss has been stalled. Her university cannot afford the new fee, putting her crucial research and future funding at risk.

Q5: Where was the lawsuit filed?

The legal challenge was filed in a federal court located in San Francisco. The plaintiffs are seeking to block the proclamation from being enforced.