19 states sue Trump administration over $100,000 fee for new H-1B visa applications
WASHINGTON, DC: A coalition of 19 states have filed a lawsuit seeking to block the Trump administration's $100,000 fee for new H-1B visa applications, arguing that the policy unlawfully restricts access to skilled foreign workers.
The suit, filed on Friday, December 12, in federal court, challenges the administration's authority to impose the fee and says that it would create significant burdens for employers.
The administration has defended the measure as a necessary reform aimed at protecting American workers.
States argue fees exceed legal authority
The lawsuit, led by California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell, contends that the six-figure fee was set arbitrarily and exceeded the authority granted to the executive branch by Congress.
The states argue that the charge effectively dismantles the H-1B visa program, which allows US employers to hire skilled foreign workers in specialized occupations.
“What Congress has never done is authorize a president to impose a six-figure surcharge designed to dismantle the program entirely,” Bonta said at a press conference announcing the suit. “The bottom line is: no presidential administration can re-write immigration law.”
Attorneys general say the fee would be especially harmful to public-sector employers, including hospitals and schools, which rely on the visa program to fill workforce shortages.
New York Attorney General Letitia James said the policy would "make it harder for New Yorkers to get health care, disrupt our children's education and hurt our economy."
The lawsuit names Homeland Security Secretary Kristi Noem as a defendant and was filed in the US District Court for the District of Massachusetts.
Administration defends fee as necessary reform
The Trump administration has argued the $100,000 fee is a lawful measure designed to discourage misuse of the H-1B program and prioritize US workers.
White House spokeswoman Taylor Rogers described the fee as “a necessary, initial, incremental step towards necessary reforms to the H-1B program.”
“President Trump promised to put American workers first, and his common sense action on H-1B visas does just that by discouraging companies from spamming the system and driving down American wages," Rogers said in a statement.
"While providing certainty to employers who need to bring the best talent from overseas,” Rogers added.
Trump announced the fee as a part of a broader overhaul of the H-1B program in September, citing concerns that the system has displaced American workers.
The visa program, which allocates permits through a lottery, is heavily used by the technology industry, including companies such as Amazon, Microsoft, Meta, Apple and Tata Consultancy Services.
The States' lawsuit is the third legal challenge to the fee. The US Chamber of Commerce and a group of unions and a global nurse-staffing agency have also filed suits, which remain ongoing.
