H-1B Visa Fee: 20 US states have filed a lawsuit against President Donald Trump’s controversial decision to impose a hefty $100,000 fee on new H-1B visa applications.
The lawsuit, led by California Attorney General Rob Bonta, argues that the fee is completely illegal, that the administration had no authority to impose it, and that it will pose a serious threat to essential services such as hospitals, universities, and public schools.
New Rule Implemented in September:
It should be noted that US President Donald Trump announced this on September 19, 2025. It was immediately applied to applications submitted from September 21 onwards. The states argue that while the total fee for H-1B visas previously ranged from $960 to $7,595, the new $100,000 fee will exacerbate the existing workforce shortages in the education and healthcare sectors.
Skilled Talent Drives Us Forward:
The lawsuit was filed under the leadership of California Attorney General Rob Bonta. He argued that as the world’s fourth-largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward. But the illegal $100,000 H-1B visa fee imposed by Trump places an unnecessary and unlawful financial burden on California’s public employers and other critical service providers, further exacerbating workforce shortages in key sectors.
Allegations of Failure to Follow Administrative Procedures:
The states argue that the Trump administration neither sought congressional approval nor followed the necessary rulemaking process under the Administrative Procedure Act (APA) to impose this fee. Historically, H-1B fees have been limited to covering the costs of administering the program, not as a means of generating arbitrary revenue.
Violation of Federal Immigration Laws:
The lawsuit against the H-1B visa fees includes 20 Democratic-led states, including Massachusetts, New York, and Illinois. They argue that this new fee violates the U.S. Constitution as well as federal immigration laws. It will place a significant financial burden on our public hospitals, universities, and schools, and exacerbate the existing shortages of teachers and doctors.