The defendant's Trump administration in connection with the H-1B visa fee. “The president has no rights”
Authors of the lawsuit argue that the White House ignored the restrictions imposed by the legislatorreplacing the complex system of assessing applications and granting visas H-1B by own financial decision. In their opinion, the administration also violated the Act on the administrative procedure, acting in an unreasonable manner and bypassing the usual public consultation procedure for regulatory changes.
The lawsuit emphasized that “the Constitution attributes” the power of the pouch “to the Congress (…) Meanwhile, the president went beyond this framework and gave himself competences he does not have.”
Check also: The visas to the US will cost dearly. “Chance for Europe”
Technology companies with fears
The White House decision to tighten the rules in the H-1B program caused a violent response among technology companieswhich have been using this mechanism for years to employ specialists in niche and deficit areas.
In the first days after the announcement of the changes, some enterprises in a hurry to bring employees to the USA, before the administration clarified that the new fees only apply to applications for new visas, not renewal for people already with H-1B status.
The dispute about H-1B has long been dividing the American political scene and business world. The leaders of the technology industry, including Elon Musk, emphasize that Access to global talents is crucial for US innovation. Critics from the “Make America Great Again” camp, in turn, maintain that the program is sometimes abused And he can displace Americans from the labor market.
The H-1B program is one of the main entrance channels to the USA for foreign professionals, as well as for American university graduates who want to continue their career in the States. Changing fees on such a scale could radically reformat the recruitment strategies of companies and professional decisions of candidates.
He points out that the lawsuit does not come from the largest technology companies, but from entities from the healthcare, education and religious organizations. A similar trend was visible earlier when challenging extensive commercial duties – smaller companies led the way, accompanied by legal organizations with a libertarian profile.
Several hundred lawsuits
In recent years, more than four hundred lawsuits have already been filed against key administration policies, from immigration issues to disputes about blocking financing and changes in federal structures, often with an allegation of exceeding the rights of executive power at the expense of the Congress.
From a formal point of view New visa fees should be established by Congress or introduced in regulatory mode with the full cycle “Notice and Comment”, i.e. public consultations and assessment of effects. For comparison, today, the H-1B lottery is $ 215, and the total fees when submitting the application reach over 5,000. dollars, not counting legal fees. Jump to 100,000 dollars for a new application would be gigantic.
The Act on the administrative procedure may be very important against the procedural background. Although the Supreme Court in June limited the possibility of issuing national blockades of government activities, the plaintiffs are increasingly reaching for APA tools (Act on the administrative procedure), which It allows the courts to repeal the agency's actions considered arbitrary, capricious or constituting an abuse of administrative recognition. It is this path that the Global Nurse Force coalition is trying to suspend the entry into force of a new fee before it can realistically hit employers and candidates.
As a result, the court will decide whether the White House had the right to impose such a high tribute without the participation of the congress and outside the regulatory mode, as well as whether the government duly justified the economic and social effects of its decision.
