A coalition of stakeholders, including the Global Nurse Force and the United Auto Workers union, filed a lawsuit against US President Donald Trump et al. in California on Friday over its controversial $100K H-1B Visa pricetag, which became effective September 21st.
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A coalition of unions, healthcare, academic, and religious groups is suing Trump over the new $100K H-1B visa fee.
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The lawsuit claims the "six-figure immigration ransom" is unconstitutional, harmful to workers, and destabilizing to employers.
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Critics argue the fee will stifle innovation and economic growth, while supporters say H-1Bs displace US workers.
Labeling the Presidential proclamation as “unconstitutional” and a "power grab," the broad coalition hopes to block the exorbitant $100,000 fee companies must now pay to the US government for every H-1B foreign worker visa application.
About a dozen plaintiffs have signed on to the lawsuit, from labor unions and healthcare providers to academic and religious organizations, as well as two individuals, one a UK national, the other a resident of India.
Plaintiff organizations include the Global Nurse Force; Global Village Academy Collaborative; Society of the Divine Word; the Fathers of St. Charles; Church on the Hill; International Union; United Automobile, Aerospace and Agricultural Implement Workers of America (UAW International); UAW Local 4811; American Association of University Professors (AAUP); and Committee of Interns and Residents, SEIU (CIR).
Led by the Los Angeles-based social justice organization, Justice Action Center (JAC), and the DC-based legal and policy research organization, Democracy Forward, the lawsuit argues that the “sweeping executive action” is based on erroneous facts and will cause immediate harm to all foreign workers and the public interest.
That’s besides the “unprecedented and unjustified” $100,000 one-time petition fee, which the plaintiffs say will slow innovation and economic growth, while hurting US employers who rely on H-1B to hire specialty professions, like engineers, teachers, and doctors.
The coalition says the order, made effective within 36 hours of the Pressident's proclamation on September 19th, has “thrown employers, workers, and federal agencies into chaos.”
“The President cannot impose new fees or destabilize an entire workforce designed to serve the public good without Congressional approval. This abuse of power must stop, “ Democracy Forward posted across social media channels on Friday, announcing the litigation.
Fears are unfounded, coalition says
The H-1B visa program, established in 1990 to support immigration rights, was designed to provide a pathway for American employers to hire skilled non-US workers in specialty occupations.
There are around half a million H-1B workers and researchers in the US employed in a range of specialty fields, including science, technology, engineering, and mathematics (STEM) fields; medical doctors and other healthcare providers, university professors, K-12 educators, and religious leaders, the 65-page court filing shows
The applicants must undergo a rigorous review every year to be approved. The move has split the tech world into two distinct camps, for or against the proclamation.
Those supporting the measure say “H1Bs hire their own,” discriminating against Americans, and the visas aren’t used for specialized talent but rather for standard jobs that could be outsourced.
However, the American Immigration Council argues that, contrary to popular belief that foreign specialty workers edge similarly qualified Americans out of US jobs, unemployment rates are relatively low in occupations that employ large numbers of H-1B workers.
Economists have also said that H-1B workers actually create US jobs and drive new industries, while forcing talent away leads companies to move operations and jobs overseas.
Randomly, a 2019 study showed that higher rates of H-1B workers were positively correlated to an increased number of patents filed and patent citations, the Immigration Council said, regarding innovation.
“This isn’t about helping American workers; it’s about shutting the door on American innovation and essential work and opening the door to corruption,” said Skye Perryman, President and CEO of Democracy Forward.
“President Trump cannot impose a six-figure immigration ransom by fiat. This exorbitant fee invites corruption and is unlawful, destabilizing, and bad for everyone — that’s why we’ve joined this powerful coalition to challenge it in court,” Perryman said.
The lawsuit names not only Trump but the US Homeland Security, US Citizenship and Immigration Services, US Customs and Border Protection, and the US Department of State, as well as their respective agency leaders, Kristi Noam, Joseph Edlow, Rodney Scott, and Marco Rubio.
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