Vice President JD Vance recently engaged in a sharp exchange with Oregon Attorney General Dan Rayfield over a contentious new fee for H-1B skilled-worker visas. This issue has become a focal point in a multistate lawsuit against the Trump administration. In September, Trump mandated that the Department of Homeland Security halt decisions on certain H-1B visa applications for a year while existing visa holders can renew their permits under a previous, lower-cost system. Rayfield leads a coalition of 19 states arguing that the newly introduced $100,000 fee violates congressional authority and the intent behind the H-1B program.
Vance’s response to Rayfield’s announcement was direct: “You might try hiring Americans.” This statement underscores a growing frustration among some lawmakers about the potential for American workers to be overlooked in favor of cheaper foreign labor. Rayfield noted in his remarks that the H-1B visa mechanism enables employers—including educational institutions—to hire skilled foreign professionals in critical roles. Yet, Vance and others have criticized this system as a means of exploiting American labor.
Florida Governor Ron DeSantis has previously described the H-1B system as a “scam,” emphasizing how it is used to import cheaper foreign labor at a cost to American jobs. Vance, aligning with these sentiments, indicated that this legal battle illustrates the broader issues surrounding immigration fraud and the visa system.
The lawsuit posed by Rayfield’s office cites the Administrative Procedure Act of 1946, arguing the fee far exceeds the authority granted to the executive branch. This act, once referred to as the “bill of rights” for entities under federal regulation, is essential for outlining how federal agencies must respond to proposed changes affecting public policy. Rayfield estimated that the average fees for H-1B visas range from $960 to $7,600. The administration’s decision to introduce this hefty fee without the usual public commentary process is also called into question.
Rayfield emphasized the impact of such fees on the educational landscape in Oregon, stating that imposing such an exorbitant fee would hamper the ability of colleges and research institutions to acquire the necessary talent to drive innovation and maintain educational standards. He argued that this move contradicts Trump’s stated objective of addressing labor shortages in key industries.
In context, the White House has framed the H-1B program as a means to bring in skilled workers for specialized functions but has raised concerns over its misuse to replace American workers with less expensive, less skilled labor. Various states, including Delaware and California, have added their voices to the lawsuit, reflecting a shared concern over the implications of Trump’s order. Former Maryland Republican Governor Larry Hogan has previously called for an increase in H-2B visas to support seasonal industries, further highlighting the complexities surrounding labor needs in multiple sectors.
Ultimately, this legal clash encapsulates the tension between the need for skilled foreign labor and the imperative to protect American jobs. As the case unfolds, it raises critical questions about the future of the H-1B program and how best to balance these competing interests.
"*" indicates required fields
