20 States Sue Trump Over $100K H-1B Visa Fee Hike

Twenty US states have filed a lawsuit against the Trump administration over a dramatic $100,000 fee on new H-1B visa applications. The states argue that the policy is unlawful and threatens vital public services, including healthcare, education, and research.

The Department of Homeland Security recently implemented the fee, sharply increasing costs for employers hiring high-skilled foreign workers. These workers are crucial in hospitals, universities, public schools, and scientific research, where talent shortages are already severe.

California Attorney General Rob Bonta, leading the lawsuit, emphasized that the fee exceeds the administration’s authority and would place unnecessary financial burdens on public employers. He warned that the move could worsen labor shortages in critical sectors like healthcare and education.

Employers filing H-1B petitions currently pay $960–$7,595 in statutory and regulatory fees. The new $100,000 charge marks an unprecedented increase, with the states arguing it violates both the Administrative Procedure Act and the US Constitution.

Education and healthcare sectors are particularly vulnerable. Nearly three-fourths of US school districts reported difficulty filling positions during the 2024–2025 school year, especially in special education, science, ESL, and foreign languages. Similarly, thousands of medical professionals, including physicians and surgeons, rely on H-1B visas to meet the country’s growing healthcare demands.

The lawsuit, led by California and Massachusetts, includes 18 other states. Attorneys general contend that the fee threatens public services, undermines workforce stability, and exceeds the limits of congressional authority.

The H-1B programme continues to be a critical pathway for highly skilled foreign professionals, particularly in technology, healthcare, and academia. The states argue that the $100,000 fee could have lasting consequences for the US economy and its ability to attract global talent.