The application process for the cap-exempt H-1B visa of an Indian woman postdoctoral researcher, identified only as Phoenix Doe, has been halted due to the recent fee hike. The halt will disrupt her medical research on genetic vision loss, a lawsuit filed at a San Francisco federal court on October 3 says.
This cap-exempt category refers to the 20,000 H-1B visas that are exempt from the 65,000 annual cap if the applicant holds a Master’s or a more advanced degree from a US university. The DHS now intends to propose revisions to the eligibility criteria for cap-exempt H-1B visas.
On October 3, a coalition of labour unions, healthcare workers, religious organisations, and several individual plaintiffs, including Phoenix Doe, filed a lawsuit against the hike in H-1B visas to USD 100,000.
The lawsuit calls for US President Donald Trump’s September 19 proclamation raising the visa fee to be declared unlawful.
The lawsuit has been filed against Trump, US Secretary of State Marco Rubio, Department of Homeland Security (DHS) Secretary Kristi Noem, US Citizenship and Immigration Services (USCIS) Director Joseph B Edlow, as well as Customs and Border Protection (CPB) Commissioner Rodney Scott.
Who is Phoenix Doe?
Phoenix Doe presently works at a US university in California where she focuses on identifying the genetic and epigenetic causes of vision loss due to ageing, diseases such as diabetes, and rare inherited genetic abnormalities. Her research also aims to find new diagnostic measures.
“Her laboratory relies on her as its first postdoctoral scholar to build and advance its research programme, and her ongoing work requires a minimum of two more years. Due to the value of her skills and research expertise in both computational biology as well as wet-lab bench research, her university employer approved her for H-1B sponsorship,” the complaint says.
Phoenix Doe was expecting the process to be completed by December, allowing her to visit India for the first time in six years.
Now, however, her university has indefinitely paused moving forward with her application. The situation is causing “debilitating stress and anxiety” and worsening Phoenix Doe’s Post-Traumatic Stress Disorder (PTSD), the complaint highlights.
She is currently in danger of being forced to leave her postdoctoral position in the US within four months. According to the complaint, Phoenix Doe’s departure will disrupt the lab’s ongoing work, their ability to secure future research funding, and delay the availability of treatment for the medical conditions that are the focus of her research.
Fee hike challenged on four counts
The complaint says that Trump exceeded statutory authority and challenges the US government’s interpretation of the Immigration and Nationality Act (INA), which was cited in the proclamation.
The Act does not empower Trump to impose the USD 100,000 visa fee, the complaint says, adding that such authority rests with the US Congress. The complaint further says that the INA already sets caps on H1-B visas and provides checks against misuse of the visa.
According to the complaint, Trump’s proclamation violates the US’ Administrative Procedure Act. The fee hike is “contrary to law” and is “arbitrary and capricious”, the complaint says.
The US government failed to provide public notice regarding the fee hike and any opportunity for the public to comment on it before it was brought into effect on September 21, the complaint adds.
Notably, US tech companies that widely benefit from H-1B visa workers, predominantly from India, are yet to legally challenge the fee hike.