Paul Jones (Tax Analysts): State AGs Say New Proposed H-1B Visa Charge Is Unconstitutional Tax
The Trump administration’s newest proposed fee on H-1B visas is an unconstitutional tax that is outside its authority to promulgate, according to attorneys general of 22 states, led by California and Massachusetts.
The fee — proposed under August 25 rulemaking by the Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) — is “a transparent effort” to resurrect the “$100,000 levy on employers for each H-1B petition filed” that was vacated in federal court this year, the attorneys general said in a September 24 letter to the head of USCIS.
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