Chamber of Commerce sues over Trump's $100K H-1B paywall
- Reference: 1760716988
- News link: https://www.theregister.co.uk/2025/10/17/chambers_of_commerce_h1b/
- Source link:
H-1Bs are a favored tool of tech companies to fill high-end skills gaps with qualified foreign-born workers. The scheme has been the gateway to the US for the likes of Microsoft boss Satya Nadella, Zoom founder Eric Yuan, and former First Buddy Elon Musk.
Don't panic: H-1B visas will cost companies $100K only for new petitions [1]READ MORE
Yet Trump [2]last month signed a proclamation "restricting entry unless employers make a $100,000 payment with the petition." The proclamation stated companies were abusing the scheme, suppressing wages, laying off domestic workers, and undermining economic and national security.
Trump took particular aim at IT outsourcing companies in the proclamation, citing research that computer science and engineering graduates were facing worse prospects than biology and even art history graduates. Nothing to do with GenAI then.
The suit
[3]PDF
names the Department of Homeland Security and the Department of State, and their respective heads, Kristi Noem and Marco Rubio, as defendants. It bangs the drum for the benefits of the program, highlighting its genesis in 1952 as a way to fill roles in "specialty occupations," and the fact that Congress has maintained a cap on the scheme.[4]
The group also flags up the US's "well-documented labor shortage." This includes doctors, with a shortfall of up to 139,000 physicians predicted by 2033, as well as gaps in education and STEM in general.
[5]
[6]
H-1B petitions are associated with higher levels of innovation, it argues, with the foreign-born share of STEM professions generating a benefit of $103 billion for American workers between 2000 and 2015.
Foreign-born workers also foster trade with foreign nations, it says, if that sort of thing is important to you. And it picks apart the basis for the president's proclamation. This includes its deleterious effects on US businesses' ability to fill gaps in STEM in particular, but also the underlying legality of the proclamation itself.
[7]
But the CoC's legal eagles also claim the proclamation exceeds the president's authority.
It argues that the imposition of a $100,000 fee is aimed at reducing the pool of applications. "That result – and the means taken to implement it – is flatly contrary to Congress's directives, as stated throughout the INA [Immigration and Nationality Act]."
Congress had regularly reviewed the program, the suit says, and taken action to punish companies that misuse it, and to protect American workers. "The Proclamation upends that careful balancing," it claims.
[8]
"Although the President has authority under the INA, that authority does not, and cannot, empower him to override existing statutory provisions and programs. Nor does it authorize the President to create new visa conditions in general."
[9]Don't panic: H-1B visas will cost companies $100K only for new petitions
[10]Uncle Sam claims H-1B fraud crackdown is working as registrations drop 25%
[11]Trump backpedals as Hyundai factory ICE raid enrages South Korea
[12]US signals intention to rethink job H-1B lottery
It also highlights the potential for the $100,000 fee to hit small innovative startups hardest. "The filter imposed by the new fee is therefore less about the quality and promise of the prospective employee, and more about the financial circumstances of the employer."
The CoC wants the courts to declare that the proclamation and any agency action would exceed the executive branch's lawful authority, and halt any action to implement it. And it wants its own fees and costs paid, as well as "such other and further relief as the Court may deem just and proper."
The suit was accompanied by a [13]blog post by Neil Bradley, Executive Vice President, Chief Policy Officer, and Head of Strategic Advocacy, praising the administration's actions to secure US borders.
If anything, he continued, this meant the country could embark on meaningful immigration reform and invest in homegrown talent. That includes ensuring high school graduates are fit for the workforce.
"Congress should also take action to expand special pathways for certain high-skilled occupations that support our national interests, like staffing our hospitals and winning the AI race against China," he wrote.
And there is room for individuals who had entered the US illegally, but not committed any other crimes. "Policymakers must find a reasonable path forward for those individuals who have been contributing to our economy and our communities in some cases for decades now." ®
Get our [14]Tech Resources
[1] https://www.theregister.com/2025/09/22/h1b_visa_changes/
[2] https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/
[3] https://www.uschamber.com/assets/documents/25-10-16-Chamber-of-Commerce-H1B-Complaint.pdf
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2aPK8dg2mWQCjByKcF8cI8AAAAM4&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aPK8dg2mWQCjByKcF8cI8AAAAM4&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[6] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aPK8dg2mWQCjByKcF8cI8AAAAM4&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[7] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44aPK8dg2mWQCjByKcF8cI8AAAAM4&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[8] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33aPK8dg2mWQCjByKcF8cI8AAAAM4&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[9] https://www.theregister.com/2025/09/22/h1b_visa_changes/
[10] https://www.theregister.com/2025/05/15/h1b_applications_droped/
[11] https://www.theregister.com/2025/09/16/us_hyundai_immigration/
[12] https://www.theregister.com/2025/07/20/h_1b_job_lottery/
[13] https://www.uschamber.com/workforce/the-border-is-secure-a-worker-shortage-means-our-economy-isnt-lets-fix-it
[14] https://whitepapers.theregister.com/
Trump supporters find...
... that it's not all gold what they get....
Re: Trump supporters find...
That the stream of gold turns out to have a somewhat lower melting point than expected
Re: Trump supporters find...
Or it turns out to be Anthracite aka "Fool's Gold".
Looks very like the real thing at first glance but turns out to be worthless.
There's metaphors regarding government leaders lurking there.
I've never known an H-1B hire that wasn't specifically targeted by the job posting. They did not actually require that the employee have a degree from IIT in Delhi, but it was so close as to be indistinguishable.
I might be wrong, but aren't H1B visa requests specifically for one particular person? That I understand the Googles and Facebooks interview a shitload of people, and it's only after they decided to hire somebody that they say "ok let's try to get a H1B visa for this guy, if we don't get it he'll stay for a couple of years in Bengaluru until we can bring him to the US as an internal transfer"
Yes, that is how the visa process works, but I think the person you replied to was making a different point. They allege that, when they've seen these people hired, the job description was aimed at either one predefined person in particular or only people from certain backgrounds. I'm not sure how easily you can do that, how you'd identify your one target beforehand, or why you would bother to if you could just select your preferred candidate during interviews anyway, but that's what they're suggesting which isn't incompatible with the visa process.
Same kneejerk reactions again - people don't seem to get that Trump "goes in high" purely as a negotiating tactic - he hasn't declared a $100,000 fee because he thinks that where the fee needs to be, he's declared a $100,000 fee to make people sit up and think about the current state of affairs - and 'hey presto' everyone is talking about it - so he has already achieved what he wants.
You'll have noted the bit in the article where the head of the CoC is now encouraging Congress to address various related issues...
When Trump reaches a suitable compromise, of course we'll hear all the TACO comments again, but chances are the end result will be along the lines of what he was after in the first place anyway.
People need to calm down, stop the echo chamber reactions, and understand who this guy is and how he operates - sure it's more like a used-car salesman than normally expected from the office, but hey-ho...
"sure it's more like a used-car salesman"
Good old Gil. Give good old Gil a chance, won't ya! Aw.
Ha-ha!
The point here is not $100k is too much and we'll get something more reasonable. The point is, he's not allowed to do that, period. By law, the fees are only supposed to cover the cost of the program. It's like he's stealing a billion dollars and you say don't worry in the end he'll only steal ten millions.
Also Trump is mad at Modi for siding with the FSB.
POTUS has not exceeded his powers though
Congress have delegated them to him.
Re: POTUS has not exceeded his powers though
In this case they have not, as Legal Eagle explains https://www.youtube.com/watch?v=-kz-Hn1k0Lk I saw it a few weeks ago so don't recall all of the details, but it is an interesting watch.
If there was a situation where the fees, etc were not explicitly stated in law already, the president may have a way to do what he is doing, but at least in this particular case the fees are explicitly set and so he does not have authority to change them without passing a new law.
We should just eliminate the entire program instead.
Yes, it has never worked as intended. It only serves to displace domestic workers and keep salaries low.
What this muppet doesn't get...
... is there *are* no Americans to fill these jobs.
And that the standard of training in other countries, especially the likes of India, is so high that the average yank wouldn't have a chance of qualifying in doctoring or STEM there.
The sad thing is that this muppet doesn't get that America was built by immigrants and is all the better for it.
Where does he think his pizza, which he famously eats with a knife and fork (see The Daily Show), came from.
Stop doctors and nurses coming into the country and see how the hospitals fare.
Stop IT professionals coming and see what happens to the tech industry.
The likes of Australia/NZ do have an immigration policy that sometimes says you need a certain amount of money in the bank and achieve a certain number of points.
Unless have skills that are *highly* sought after.
But you or the company dont have to pay it to the government - just show you have the means to support yourself.
I know this because I considered moving there about 20yrs ago.
Fun fact - when I filled out a test application that mimicked the official one...
The job of Librarian scored higher than IT Professional. No joke!
Easy fixes
"This includes doctors, with a shortfall of up to 139,000 physicians predicted by 2033, as well as gaps in education and STEM in general."
Well, so long as he doesn't cut University, Schooling and research budgets and fill important positions with sycophants this issue will no doubt go away
Re: Easy fixes
He loves sycophants. In fact he loves all sick grey animals with big ears.
Re: Easy fixes
For clarity:
Is that the African Sycophant or the Asian Sycophant that he likes ???
You know it will be one ... so he can attack the other !!!
SOP
:)
So glad I live in a democracy where the emperor/dictator/king/queen/chairman/big-brother/president/beloved-leader/penguin/ can't just make up shit as he/she/it goes along.