States sue Trump administration over new H-1B visa fees
Twenty Democratic-led US states, spearheaded by California, have filed a lawsuit against the Trump administration challenging a new $100,000 fee on H-1B visa petitions. The policy, introduced by the Department of Homeland Security following a September presidential proclamation, applies to all new H-1B applications after September 21 and marks a sharp rise from prior fees of $1,000 to $7,500.
States contend the fee exceeds congressional authority, violates the Administrative Procedure Act by skipping required rulemaking, and imposes arbitrary costs unrelated to processing expenses. They argue it burdens public sector employers like hospitals, universities, and schools, worsening labor shortages in healthcare and education.
The coalition includes California, Massachusetts, New York, Illinois, Colorado, Delaware, Maryland, Michigan, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and others, totaling 19-20 states depending on reports. Attorneys general such as Rob Bonta (California), Andrea Joy Campbell (Massachusetts), and Letitia James (New York) lead the challenge.
H-1B visas enable US employers to hire skilled foreign workers in specialty occupations requiring a bachelor’s degree, used by tech giants like Amazon, Microsoft, and Meta. Critics say the fee undermines the program’s intent to attract global talent, potentially harming the economy.
