U.S. Attorneys General oppose $100,000 H-1B visa fees

A coalition of 22 U.S. attorneys general is opposing a proposal by the Trump administration to impose fees exceeding $100,000 on certain H-1B visa petitions. The proposed rule, issued by U.S. Citizenship and Immigration Services (USCIS) on August 25, would charge $103,265 for petitions from employers not exempt from the annual H-1B visa cap.

The attorneys general argue that the fee constitutes an illegal tax that the executive branch cannot impose without Congressional approval. They contend the rule exceeds the jurisdiction of USCIS under the Immigration and Nationality Act and violates the Administrative Procedure Act.

Critics warn the high costs will exacerbate shortages of essential professionals, including teachers, doctors, and nurses, impacting healthcare and education sectors. Virginia Attorney General Jay Jones, part of the coalition, called for the withdrawal of the rule, noting that these professionals are vital members of their communities.