Washington, September 26 (Daily Kiran) : A coalition of 22 state attorneys general has voiced strong opposition to a proposal from the Trump administration that suggests imposing fees exceeding $100,000 on certain H-1B visa applications. They argue that this measure is illegal and could exacerbate shortages of teachers, doctors, and nurses in the U.S.
This proposal poses significant challenges for Indian professionals and American companies that rely heavily on the H-1B program to hire skilled workers. Virginia Attorney General Jason Miyares has joined the coalition, formally requesting the U.S. Citizenship and Immigration Services (USCIS) to withdraw the proposed rule.
On August 25, USCIS issued a notice regarding the proposed fee, which would apply to employers whose applications are not exempt from the annual H-1B visa cap. This rule would impose a fee of $103,265 on those applications.
The attorneys general have characterized the proposed fee as a tax, arguing that the executive branch cannot impose such a tax without congressional approval. They also contend that this regulation would exceed USCIS’s authority under the Immigration and Nationality Act and violate the Administrative Procedure Act.
According to the coalition, the administration has failed to justify the burden that the proposed fee would impose on the states. They assert that USCIS has not adequately considered less harmful alternatives.
The coalition criticized the 30-day public comment period as insufficient, stating it does not allow for meaningful public input. They warned that the proposed fee could make it more difficult for state and local institutions to hire skilled foreign professionals, potentially leading to shortages in essential services such as primary and secondary education and healthcare.
Miyares emphasized the human aspect of this issue, stating, “These individuals are not just names on paper; they are our teachers, doctors, nurses, caregivers, and much more. They are our neighbors, friends, and family.” He accused the administration of extending its executive powers without considering the potential impact on communities and public services.
He added, “Donald Trump is trying to push the boundaries of executive power, disregarding the burden this proposed rule would place on the people of Virginia. Here in Virginia, we fight for our communities, and my office will use every legal means necessary to ensure this proposal does not move forward.”
The coalition noted that a previous attempt by the administration to impose a similar fee was canceled. They argue that the new proposal seeks to impose a tax through administrative action rather than obtaining congressional approval.
In addition to Virginia, the coalition includes attorneys general from California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, and Minnesota. Other states involved are Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Washington, Wisconsin, and the District of Columbia.
The H-1B program allows U.S. employers to hire foreign workers for specialized positions that typically require specific expertise and at least a bachelor’s degree. Technology companies are among the largest users of this program, but hospitals, schools, universities, and research institutions also employ H-1B professionals.
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