DELAWARE - Delaware Attorney General Kathy Jennings has announced that she is joining a coalition of 19 other states that are suing the Trump Administration over a new policy imposing a $100,000 fee on new H-1B visa petitions, which the coalition says is unlawful.
According Delaware DOJ officials, the H-1B visa program alleviates labor shortages by allowing employers to hire highly skilled immigrants into specialized jobs. These include jobs in fields like teaching, healthcare, and research. They say the new fee would be too costly for employers, especially those in the public sector or government, who are trying to fill these skilled positions. The coalition argues, "the massive fee illegally exceeds Congressional authorization and intent, ignores mandatory rulemaking procedures, and exceeds the authority granted to the executive branch under the Administrative Procedure Act."
"This is an unserious idea that threatens a deeply serious crisis," said AG Jennings. "Policies like these are why the Trump Administration has lost the public’s confidence on immigration policy. Their blind crusade to demonize any and every immigrant is undermining America’s economy, deepening the affordability crisis, and now further jeopardizing health care access. It’s wrong, and it’s illegal."
DOJ officials add that the H-1B visa program has been continually updated so as to ensure employers can address national labor shortages without displacing American workers. Employers petitioning for a worker under an H-1B visa must submit an application proving that the employment of that worker will not negatively affect the wages or working conditions of similarly employed U.S. workers. The application must be certified by the U.S. Department of Labor. There are a limited number of these visas available each year. Congress has set the current cap at 65,000.
The new $100,000 visa fee was ordered by President Trump on September 19. In the past, H-1B visa fees typically fell between roughly $1,000 and $7,600. DOJ officials argue that the new fee would hurt Delaware's economy by worsening labor shortages in critical areas like healthcare and education. They add that many public schools and universities rely on H-1B visas to support research and education, but as non-profit organizations they wouldn't be able to afford the $100,000 fee.
AG Jennings joins the attorneys general of Arizona, California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin in filing the lawsuit.
