A coalition of 22 US attorneys general has opposed the Trump administration’s proposal to impose a fee exceeding 100,000 dollars on certain H-1B visa petitions, arguing that the measure is unlawful and would worsen shortages of teachers, doctors and nurses.
The challenge is significant for Indian professionals and American companies that rely heavily on the H-1B programme to recruit highly skilled workers.
The proposed charge could make it more difficult for state and local institutions to recruit skilled foreign professionals, the attorneys general said. They cited shortages in primary and secondary education, healthcare and other essential services.
Virginia Attorney General Jay Jones joined the coalition in filing a formal comment letter asking US Citizenship and Immigration Services (USCIS) to withdraw the proposed rule.
Besides Virginia, the coalition includes the attorneys general of California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan and Minnesota.
It also includes Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Washington, Wisconsin and the District of Columbia.
According to the attorneys general, the administration has failed to justify the burden that the proposed charge would impose on states.
They also said USCIS had not adequately considered less damaging alternatives. They argued that the executive branch cannot impose such a tax without authorisation from Congress.
The agency issued the notice of proposed rulemaking on August 25. It would impose a charge of 103,265 dollars on petitions filed by employers that are not exempt from the annual H-1B visa cap.
The H-1B programme allows US employers to hire foreign workers in specialty occupations that generally require specialised knowledge and at least a bachelor’s degree or its equivalent.