Since the beginning of Donald Trump’s second term in January, legal disputes have continued over his administration’s policies, especially with Democratic states. This time, an important immigration policy of the Trump administration, the $1,00,000 fee increase on H-1B visas, is going to be challenged in court by 19 states. These include California, New York, Illinois and other states.

Lawsuit over H-1B visa fee increase
California and other states have filed lawsuits against the Trump administration. The H-1B program allows US employers to hire foreign workers for specialized occupations, as described by the US Department of Labor.

California Attorney General Rob Banta wrote on Twitter that Trump’s illegal new $100,000 H-1B visa fee could hinder the recruitment of teachers, physicians, researchers, nurses and other critical workers and jeopardize California’s ability to provide essential services. According to a press release from Banta’s office, this new fee could pose a costly barrier to employers, especially public and government institutions, who are trying to fill these positions.

When and where will the case be filed
According to Reuters report, this lawsuit will be filed on Friday (local time) and will be presented in the Federal Court of Massachusetts. This will be at least the third legal challenge. Earlier this increased fee was challenged by the US Chamber of Commerce and a coalition of unions, employers and religious groups.

What is this policy?
According to Banta’s office, the lawsuit states that this policy, implemented by the Department of Homeland Security (DHS), is a clear violation of the law. This is because it imposes burdensome fees outside the limits authorized by Congress, goes against the intent of Congress in establishing the H-1B program, bypasses essential rulemaking processes, and exceeds the power granted to the executive branch under the Administrative Procedure Act (APA).

Generally, the H-1B visa fee is set by DHS under the APA’s notice and comment process and is limited to the amount necessary to carry out the agency’s work. The lawsuit says that while an employer typically pays fees ranging from $960 to $7,595 when filing an initial H-1B petition, the new increased fee far exceeds the actual cost.

Banta’s statement
“No president can arbitrarily destabilize our schools, hospitals and universities, and no president can ignore Congress, the Constitution or the law,” Banta said at a press conference on Friday.

charge of disregard of procedure
The states also alleged that the increased fees were issued without the notice-and-comment process required by the APA and did not fully consider the impacts, particularly on the delivery of critical services by government and non-profit entities.

State filing suit
Besides California, the other states are: Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. Attorneys General of California Rob Banta and Joey Campbell of Massachusetts are leading attorneys general of other states in filing the lawsuit.

Ami Bera, member of the US House of Representatives, has made an important comment regarding the relations between India and America. He was speaking at the hearing of the Subcommittee on Foreign Affairs of the House of Representatives on South and Central Asia. During this, he openly expressed his views on India’s foreign policy, global role, H-1B visa issues, India’s proximity with Russia and balanced coexistence with China.

Ami Bera told that recently a senior member had a joint photo of Indian Prime Minister Narendra Modi, Russian President Vladimir Putin and Chinese President Xi Jinping. Some members objected to this picture, but according to Bera, this picture reflects India’s long-term strategy. He said that India will have to co-exist with China to some extent due to its geographical and strategic environment, but its real priorities and long-term interests clearly lie with the Western countries. According to him, India understands that America plays an important role in its economic and technological progress.

Concern over H-1B visa fees
Ami Bera also spoke on an important issue related to the American immigration system. He said that the fee of up to $100,000 on H-1B visa puts a huge burden on the companies and American companies also suffer losses due to this. According to him, President Trump has also understood that stopping technical talent from coming to America is not in the interest of the country. Bera also expressed the hope that in future such a visa system can be created so that Indian scientists and engineers can go to America without complications and American experts can visit India. He said that these are the people who do not have any security concerns and this would be an ideal step for technical cooperation between the two countries.

America’s concern on Russia-India relations

India’s close relations with Russia often become a topic of discussion in America. Ami Bera gave his clear opinion on this also. He acknowledged that US policymakers have some concerns about India’s close ties with Russia, but he also acknowledged that these ties stem from India’s historical and strategic circumstances. He said that India’s dialogue with Russia is important even today and it is this unique position that gives India a unique role on the global stage. Bera also added that President Biden is making genuine efforts to end the Ukraine conflict and India can play a mediator or bridge role in this process.

Preparation to bring Russia into the mainstream after Ukraine war

Ami Bera indicated that after the end of the Ukraine conflict, the US and its allies will have to think together about how to re-integrate Russia into the global mainstream. He acknowledged that India’s role could be very important in this goal, because India maintains dialogue with both Russia and the West.

Also read: US-India Tariff: American politicians angry over the tariff on India, warned Trump – ‘Anyone like this…’

Former US Ambassador Tim Romer has said that the plan by President Donald Trump to impose a new and heavy H-1B visa fee on Indians, can once again become an issue of talks after the Indo-US trade agreement. This step of the Trump administration has come amid strictness on immigration, which will have a profound impact on Indian IT companies and skilled professionals. The US has already increased 50% tariff and now the proposed 1 million visa fee can make American dreams difficult for Indian students and professionals. However, India is currently studying the impact of this decision.

In a conversation with NDTV, Romer admitted that the step could interrupt the relationship between the two countries, but hoped that the visa issue would be reconsidered after the business talks proceed. He also said that it is possible that the court or the US Congress should stop this decision, because the Congress has the right to decide the number of H-1B visas.

Romer said this big thing

He insisted that giving H-1B visas to Indian students and professionals is also beneficial for America. These students start new companies in the US by acquiring PhD and jobs, which are called ‘Unicorns’ and they create hundreds of thousands of jobs.

Citing a study, Romer said that about 25% of the new technology jobs are made by students of Indian origin, who later become CEOs and strengthen the American economy.

India has also been emphasizing the aspect that H-1B visa holders strengthen innovation, technological development and people’s relations with people. The Ministry of External Affairs said that policies will be evaluated keeping in mind the benefits.

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