Multiple states in the United States will sue President Trump over the $100,000 H-1B visa application fee policy

Multiple state governments in the United States have announced that they will sue the Trump administration to block the imposition of a $100,000 fee on any new H-1B visa applications. The H-1B visa allows U.S. employers to hire foreign workers with specialized skills.

The lawsuit, expected to be filed this Friday, claims that this fee creates an expensive and illegal barrier for employers using this popular visa program, particularly impacting the public sector more significantly. The states also argue that this amount was arbitrarily set and exceeds the fee authority granted by Congress. The case is led by California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell.

The attorneys general filing the lawsuit stated that this fee will particularly harm the public sector, including education and healthcare.

Bonta said at a press conference announcing the lawsuit, “Congress has never authorized any president to impose a six-figure surcharge to completely dismantle this program. The key point is: no president's administration can rewrite immigration law.”

New York Attorney General Letitia James stated in a press release, “The government's illegal attempt to undermine this program will make it harder for New Yorkers to access healthcare, disrupt children's education, and harm our economy.”

In addition to California, Massachusetts, and New York, the states participating in challenging this fee include: Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, North Carolina, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

This lawsuit is at least the third case challenging this fee increase. Previously, the U.S. Chamber of Commerce filed a lawsuit in October, and a global nursing staffing agency along with several labor unions also filed lawsuits, which are still ongoing.

The H-1B visa program is one of the cornerstones of the U.S. employment-based immigration system, allowing U.S. companies to hire foreign professionals with college degrees. Trump announced reforms to the program in September, claiming that the H-1B pathway was being abused and replacing American workers.

H-1B visas are issued through a lottery system but are primarily used by the tech industry. According to U.S. government data, the companies with the highest number of H-1B visa employees include Amazon, Tata Consultancy Services, Microsoft, Meta, and Apple