US states challenge proposed USD 103,265 H-1B fee over impact on workers and employers

A coalition of 22 US attorneys general has opposed the Trump administrationrsquos proposal to impose a fee exceeding 100000 on certain H1B visa petitions arguing that the measure is unlawful and would worsen shortages of teachers doctors and nursesThe challenge is significant for Indian professionals and American companies that rely heavily on the H1B programme to recruit highly skilled workers Virginia Attorney General Jay Jones joined the coalition in filing a formal comment letter asking US Citizenship and Immigration Services or USCIS to withdraw the proposed ruleThe agency issued the notice of proposed rulemaking on August 25 It would impose a charge of 103265 on petitions filed by employers that are not exempt from the annual H1B visa cap The attorneys general characterised the proposed charge as a tax They argued that the executive branch cannot impose such a tax without authorisation from CongressThe coalition also said the rule would exceed USCISrsquo authority under the Immigration and Nationality Act and violate the Administrative Procedure Act 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 alternativesThe coalition objected to the 30day public comment period describing it as unusually short and insufficiently justified 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 servicesldquoIndividuals in this class are more than just names on papers they are our teachers doctors nurses caretakers and more They are our neighbors and friends and familyrdquo Jones said ldquoThey have filled out every form and met every government demand to come here and be part of the American Dreamrdquo he saidJones accused the administration of stretching its executive authority without adequately considering the effect on communities and public services ldquoDonald Trump is trying to close the door by pushing the boundaries of executive power indifferent to the burden this proposed rule will put on Virginiansrdquo he saidldquoHere in Virginia we fight for our communities and my office will use every legal tool to make sure this proposal doesnrsquot go any furtherrdquo The coalition said a previous administration attempt to impose a similar charge had been struck down It argued that the new proposal again seeks to impose a tax through administrative action instead of seeking approval from CongressBesides 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 ColumbiaThe H1B programme allows US employers to hire foreign workers in specialty occupations that generally require specialised knowledge and at least a bachelorrsquos degree or its equivalent Technology companies are among its largest users but hospitals schools universities and research institutions also employ H1B professionalsThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever