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20 States Sue Trump Administration Over $100,000 H-1B Visa Fee They Call Unlawful

MarketDash Editorial Team
10 hours ago
California leads coalition challenging new H-1B fee that's ten times higher than typical costs. States argue the Trump administration bypassed proper procedures and threatens public sector employers who depend on skilled foreign workers.

If you thought visa fees were already expensive, buckle up. A coalition of 20 states, with California leading the charge, has filed suit against the Trump administration over a newly imposed $100,000 fee on H-1B visa petitions. The states aren't mincing words: they're calling the move unlawful, procedurally flawed, and a genuine threat to public institutions that depend on skilled foreign labor.

The Legal Challenge

California Attorney General Rob Bonta is spearheading the lawsuit, which alleges that the Department of Homeland Security exceeded its congressional authority by imposing the fee without following required notice-and-comment procedures. This isn't a minor bump in costs, either. The new fee is more than tenfold the typical H-1B charges, creating serious financial headaches for schools, universities, and hospitals that routinely hire H-1B workers.

President Donald Trump signed the executive order implementing this fee on September 19. According to the lawsuit, the rule gives DHS uncomfortably broad discretion in deciding which applications get hit with the massive charge, opening the door to selective enforcement.

Who Gets Hit Hardest

Here's where it gets interesting: many government and nonprofit employers are exempt from the H-1B program's annual cap, but they're not exempt from this new fee. California officials argue this could make recruiting teachers and clinicians even harder at a time when nationwide shortages are already deepening. Not exactly what you want when schools and hospitals are scrambling for qualified staff.

The legal pressure is mounting from multiple directions. The U.S. Chamber of Commerce has joined forces with unions, nonprofits, and a healthcare staffing firm to file separate challenges, using words like "draconian," "extortionate," and arguing the fee represents unconstitutional overreach into Congress's taxing authority.

The Administration's Defense

The White House is standing firm. Spokesperson Taylor Rogers defended the rule, saying it discourages companies from spamming the system and driving down American wages, while providing certainty to employers who genuinely need to bring in top talent from overseas.

Silicon Valley's Worries

The new rule has created significant uncertainty in Silicon Valley, where tech giants Amazon (AMZN), Microsoft (MSFT), Meta (META), and Apple (AAPL) depend heavily on H-1B hires. Some industry leaders have voiced concerns that the change could simply push jobs overseas rather than keeping them in America.

The lawsuit represents yet another front in the ongoing battles over immigration policy, this time with real implications for everything from classroom education to cutting-edge tech development.

Back to News

20 States Sue Trump Administration Over $100,000 H-1B Visa Fee They Call Unlawful

MarketDash Editorial Team
10 hours ago
California leads coalition challenging new H-1B fee that's ten times higher than typical costs. States argue the Trump administration bypassed proper procedures and threatens public sector employers who depend on skilled foreign workers.

If you thought visa fees were already expensive, buckle up. A coalition of 20 states, with California leading the charge, has filed suit against the Trump administration over a newly imposed $100,000 fee on H-1B visa petitions. The states aren't mincing words: they're calling the move unlawful, procedurally flawed, and a genuine threat to public institutions that depend on skilled foreign labor.

The Legal Challenge

California Attorney General Rob Bonta is spearheading the lawsuit, which alleges that the Department of Homeland Security exceeded its congressional authority by imposing the fee without following required notice-and-comment procedures. This isn't a minor bump in costs, either. The new fee is more than tenfold the typical H-1B charges, creating serious financial headaches for schools, universities, and hospitals that routinely hire H-1B workers.

President Donald Trump signed the executive order implementing this fee on September 19. According to the lawsuit, the rule gives DHS uncomfortably broad discretion in deciding which applications get hit with the massive charge, opening the door to selective enforcement.

Who Gets Hit Hardest

Here's where it gets interesting: many government and nonprofit employers are exempt from the H-1B program's annual cap, but they're not exempt from this new fee. California officials argue this could make recruiting teachers and clinicians even harder at a time when nationwide shortages are already deepening. Not exactly what you want when schools and hospitals are scrambling for qualified staff.

The legal pressure is mounting from multiple directions. The U.S. Chamber of Commerce has joined forces with unions, nonprofits, and a healthcare staffing firm to file separate challenges, using words like "draconian," "extortionate," and arguing the fee represents unconstitutional overreach into Congress's taxing authority.

The Administration's Defense

The White House is standing firm. Spokesperson Taylor Rogers defended the rule, saying it discourages companies from spamming the system and driving down American wages, while providing certainty to employers who genuinely need to bring in top talent from overseas.

Silicon Valley's Worries

The new rule has created significant uncertainty in Silicon Valley, where tech giants Amazon (AMZN), Microsoft (MSFT), Meta (META), and Apple (AAPL) depend heavily on H-1B hires. Some industry leaders have voiced concerns that the change could simply push jobs overseas rather than keeping them in America.

The lawsuit represents yet another front in the ongoing battles over immigration policy, this time with real implications for everything from classroom education to cutting-edge tech development.