The Vice President, JD Vance, recently found himself in a verbal tussle with Oregon's Attorney General, Dan Rayfield.
The bone of contention was a multistate lawsuit led by Oregon against the Trump administration. The lawsuit challenges President Trump's directive to impose a $100,000 fee on H1B skilled-worker visas.
In a move that sparked controversy in September, President Trump instructed the Department of Homeland Security to limit decisions on petitions for H-1B visa applicants outside the U.S. for a year. However, he allowed current visa holders to seek renewals under the previous, less expensive framework.
According to Fox News, Rayfield, a Democrat, announced last Friday that Oregon, along with 18 other states, argues that the new $100,000 fee is illegal. They contend that this "massive" amount exceeds the congressional authorization and intent for the establishment of the visa program.
In a pointed response to Rayfields announcement, Vance suggested, "You might try hiring Americans." His comment came in response to Rayfield's tweet, which highlighted that the H-1B visa system enables employers, including Oregons colleges, to hire "skilled foreign workers in specialized roles like physicians, researchers, & nurses."
Vance's stance echoes that of Florida Gov. Ron DeSantis, who previously labeled the H-1B system a "scam" that is "used to import cheap foreign labor at the expense of Americans." Vance further criticized the situation, describing it as "instructive" of why the visa issue is significant. He argued that "America Last Republicans and Democrats are teaming up to stop our efforts to address these issues," and urged his followers not to lose hope but to "Fight back."
In launching the lawsuit, Rayfields office argued that the $100,000 fee surpasses the authority given to the executive branch by the Administrative Procedure Act of 1946. This law, characterized by its sponsor Sen. Patrick McCarran, D-Nev., as the "bill of rights" for entities regulated by the federal government, was allegedly violated by the administration's failure to advertise the fee through the typical notice-and-comment process.
Rayfields office also suggested that the fee undermines Trumps stated purpose for it: addressing labor shortages in critical business fields. "Oregons colleges, universities and research institutions rely on skilled international workers to keep labs running, courses on track and innovation moving forward," Rayfield said in a statement.
He warned that the "enormous fee" would make it nearly impossible for these institutions to hire the experts they need, threatening Oregons ability to compete, educate, and grow.
When the original order was announced, the White House stated that the H-1B Nonimmigrant Visa Program was "created to bring temporary workers into the United States to perform additive, high-skilled functions, but has been deliberately exploited to replace, rather than supplement, American workers with lower-paid, lower-skilled labor."
Other states, including Delaware and California, have also joined the lawsuit. Delaware Attorney General Kathy Jennings described Trumps order as an "unserious idea that threatens a deeply serious crisis." Former Maryland Republican Gov. Larry Hogan also advocated for an increase in the similar H-2B visas in 2021, given Marylands significant crabbing and seasonal fishing sectors.
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