In an assertive move against what is deemed an overreach by the Trump administration, Attorney General Dan Rayfield, representing Oregon, along with 18 other states, has filed a lawsuit challenging the newly imposed $100,000 fee on H-1B visa petitions. According to a statement made by the Oregon Department of Justice, the fee is a significant jump from the current range of $960 to $7,595 and has sparked concerns about its legality and impact on employers, particularly those in the public sector.
The contentious policy was reportedly enacted by President Trump on September 19 and is intended to significantly upend the ability for institutions to hire foreign nationals with specialized skills, which include professionals such as physicians, researchers, and nurses. This group of states is arguing that the fee could harm not just Oregon's educational and research landscape, but that of the entire nation. “Oregon’s colleges, universities and research institutions rely on skilled international workers to keep labs running, courses on track and innovation moving forward,” Rayfield explained, asserting that “This enormous fee would make it nearly impossible for these institutions to hire the experts they need, and it goes far beyond what Congress ever intended," as stated by the Oregon Department of Justice.
The Oregon Department of Justice elaborated that the lawsuit claims this fee is not only unauthorized by Congress but also avoids the necessary rulemaking procedures under the Administrative Procedure Act. The H-1B visa program, which typically limits the number of visas to 65,000 annually, with an exemption of an additional 20,000 for individuals with a master's degree or higher, is considered vital for addressing labor shortages in several critical sectors.
Oregon State University and the University of Oregon are highlighted as primary examples of institutions that would suffer from this fee hike. Oregon State University reportedly sponsors over 150 H-1B faculty, researchers, and staff, while the University of Oregon has more than 50 such sponsored individuals. The fee could severely inhibit the hiring of new talent and impair innovation and educational services. Rayfield underscored, “Eliminating access to H-1B faculty, researchers, and staff would inflict significant institutional harm, depriving students of critical educational opportunities,” as per the Oregon Department of Justice. Institutions like the University of Oregon are already struggling to manage existing fees, and the increased financial burden threatens to create a void in crucial educational and research roles.
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