Democratic States Sue Trump Administration Over New $100,000 H-1B Visa Fee
A coalition of Democratic-led states filed a federal lawsuit Friday challenging the Trump administration’s decision to impose a $100,000 fee on new H-1B visa petitions, arguing the policy is unlawful and exceeds executive authority.
The lawsuit, led by California Attorney General Rob Bonta, was filed in federal court in Massachusetts and joined by attorneys general from states including New York, Massachusetts, Illinois, Washington, New Jersey, and others with large technology and research sectors.
At issue is a new fee announced by the administration in September that requires employers to pay $100,000 for each new H-1B visa petition, a dramatic increase from existing filing fees that typically range from a few thousand dollars depending on employer size. The administration says the fee is intended to deter abuse of the program and encourage hiring of U.S. workers.
The states argue the fee effectively rewrites federal immigration law without congressional approval. The complaint alleges the administration lacks statutory authority to impose such a large charge and violated the Administrative Procedure Act by implementing the policy without proper notice and public comment.
State officials also contend the fee would disproportionately harm industries that rely on specialized workers, including technology, health care, higher education, and scientific research, while making the H-1B program inaccessible to startups and mid-sized employers.
“This is an end-run around Congress,” Bonta said in a statement announcing the lawsuit, arguing that only lawmakers—not the executive branch—have the power to make substantive changes to immigration programs.
The Trump administration has defended the policy as a lawful use of executive authority, saying the fee targets excessive or frivolous filings and protects domestic labor markets.
The lawsuit is one of several immigration-related legal challenges filed against the administration in recent weeks. Separate cases are already pending from business groups and labor organizations opposing the fee.
A federal judge has temporarily blocked enforcement of the $100,000 charge while the case proceeds. Further court hearings are expected in the coming months.
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