Chamber of Commerce sues to block $100,000 H-1B visa petition fee

The U.S. Chamber of Commerce filed suit on Thursday in federal court in Washington, D.C., challenging President Donald Trump’s new US$100,000 fee on new H1B visa petitions, saying the surcharge exceeds presidential authority and would disrupt the congressional framework governing the program. The chamber, which says it represents about 300,000 businesses, asked the court to block federal agencies from enforcing the fee while the legal challenge proceeds.

The lawsuit contends that the September proclamation imposing the fee was unlawful because it conflicts with immigration statutes that govern H1B visas and the requirement that government fees be tied to processing costs. The complaint names the Department of Homeland Security, the State Department and their cabinet secretaries as defendants and argues that, although the president has substantial power over entry of noncitizens, that authority is constrained by laws passed by Congress.

The H1B program allows U.S. employers to hire foreign workers in specialty occupations, with an annual cap of 65,000 visas plus 20,000 additional slots for applicants with U.S. advanced degrees. Technology companies are among the largest users of...