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A multistate coalition is challenging Trump's six-figure H-1B visa fee, arguing it violates federal law, harms employers who rely on skilled foreign workers, and exceeds the government's authority to set immigration costs.
California and 18 other US states will sue to block President Donald Trump’s new USD 100,000 fee on H-1B visas.
New Delhi,UPDATED: Dec 13, 2025 05:13 IST
California and 18 other US states will sue to block President Donald Trump’s new USD 100,000 fee on H-1B visas for highly skilled foreign workers, arguing the administration overstepped its authority and violated federal law, California Attorney General Rob Bonta’s office said on Friday, according to Reuters.
The lawsuit, to be filed in federal court in Massachusetts, challenges Trump’s September order that imposes a dramatic fee increase on employers seeking new H-1B visas. The move would raise the cost from the usual USD 2,000– USD5,000 to USD 100,000, a change that critics say could destabilise industries that rely heavily on specialised foreign workers.
Bonta said Trump lacks the power to impose the fee, noting that immigration law permits federal agencies to collect only what is necessary to administer visa programs. “This fee isn’t about processing costs. It’s a barrier,” his office said in a statement.
The H-1B programme allows US employers to hire foreign professionals in specialty fields such as technology, engineering, healthcare and education. States joining California in the suit include New York, Massachusetts, Illinois, Washington and New Jersey.
California officials said the fee would hit the tech sector particularly hard, as many Silicon Valley companies rely on H-1B workers. Bonta warned the new cost would also strain public universities, healthcare systems and research institutions facing existing labor shortages.
Business groups echoed that concern. The US Chamber of Commerce and a coalition of employers, unions and religious organisations have filed separate lawsuits seeking to scrap the fee, arguing it would worsen shortages of skilled workers.
WHITE HOUSE DEFENDS THE FEE
The White House has defended Trump’s order, saying it is a lawful use of his authority and necessary to prevent abuse of the H-1B system. Critics of skilled-worker visas say some companies use the program to replace American workers with lower-paid foreign employees.
Trump’s directive bars new H-1B recipients from entering the country unless their employer pays the $100,000 fee. The order does not apply to existing visa holders or applicants who filed before September 21.
A federal judge in Washington, DC, is set to hold a hearing next week in the Chamber of Commerce lawsuit.
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Published By:
Aashish Vashistha
Published On:
Dec 13, 2025
