AS MANY AS 19 US states have sued the Donald Trump administration over its decision to impose a $100,000 fee on new H-1B visa petitions, saying the move is unlawful and will worsen labour shortages in key sectors such as health care, education and technology.
New York attorney general Letitia James, along with attorneys general from 18 other states, filed the lawsuit on Friday (12) in the US District Court for the District of Massachusetts. The suit challenges what they say is a sharp increase in H-1B visa fees imposed without legal authority or due process.
The H-1B visa programme allows highly skilled foreign professionals to work temporarily in the US and is widely used by Indian nationals.
The states argue that the new fee would make the programme inaccessible for government bodies and non-profit employers that rely on H-1B workers to provide essential services in health care, education, technology and other fields.
“H-1B visas allow talented doctors, nurses, teachers and other workers to serve communities in need across our country,” James said in a statement. “The administration’s illegal attempt to damage this programme will make it harder for New Yorkers to get health care, disrupt children’s education and harm the economy.”
In September, US president Trump announced that his administration would levy a one-time $100,000 fee on all new H-1B visa applications. The attorneys general said the increase was imposed without congressional approval or the required rule-making process.
The lawsuit argues that the fee violates both the Administrative Procedure Act and the Immigration and Nationality Act.
The states joining the lawsuit are Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
The coalition said the new fee would limit states’ ability to hire workers under the H-1B programme, affecting access to health care, education and other essential services. It warned that rural and underserved areas would be hit hardest, as many already face staff shortages.
In New York, more than one-third of health care workers are immigrants, according to the lawsuit. Public universities and hospitals in the state also rely heavily on H-1B professionals.
In New York’s 16 rural counties, there are four primary care physicians for every 10,000 people. Hospitals in the state are already facing a nursing shortage expected to reach 40,000 nurses by 2030. The lawsuit says fewer H-1B visa holders would worsen the situation.
Nationwide, the American Medical Association estimates the US will face a shortage of 86,000 doctors by 2036, a gap that H-1B workers help to fill.
Across the country, at least 930 colleges and universities employ staff on H-1B visas. More than half are public four-year institutions, and more than 10 per cent are medical schools.
In New York, the State University of New York employs 693 staff on H-1B visas, many of whom work in rural and suburban areas.
The states say limiting access to H-1B visas would lead to larger class sizes and disrupt research at universities. Other sectors in New York, including technology, finance and the arts, also depend on H-1B workers. More than 13,000 people on H-1B visas work in these fields across the state.
California attorney general Rob Bonta said the $100,000 fee would place an unlawful financial burden on public employers and service providers in California.
“The administration cannot raise costs without following the law,” Bonta said. “We are going to court to protect access to universities, schools and hospitals.”
The US has had a skilled worker visa programme since the 1950s. The current H-1B system was introduced in the 1990s and allows employers to hire workers in specialised occupations for up to six years.
(PTI)
