H1-B visa fee hike backfires! 20 US states appeal to court against Trump's decision

News Topical, Digital Desk : Twenty US states have filed a lawsuit challenging President Donald Trump's controversial decision to impose a hefty fee of $100,000 on new H-1B visa applications.

In fact, a lawsuit has been filed against this fee on H-1B visas, led by California Attorney General Rob Bonta, in which it has been argued that this fee is completely illegal, the administration had no right to impose it and it will pose a serious threat to essential services like hospitals, universities and public schools.

The new rule came into effect in September

It should be noted that US President Donald Trump announced this on September 19, 2025. Immediately after the announcement, it was implemented for applications starting September 21. States argue that while the total fee for H-1Bs previously ranged from $960 to $7,595, the current fee of $100,000 will exacerbate existing worker shortages in the education and healthcare sectors.

Skilled talent drives us forward

The lawsuit was led by 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 moves our state forward. However, Trump's illegal $100,000 H-1B visa fee imposes an unnecessary and illegal financial burden on California's public employers and other critical service providers, exacerbating worker shortages in key sectors.

Allegations of non-compliance with administrative procedures

The states argue that the Trump administration neither obtained congressional approval nor followed the rulemaking process required under the Administrative Procedure Act (APA) to impose these fees. Historically, H-1B fees have been limited to program administration costs, not arbitrary revenue collection.

Violation of federal immigration laws

Twenty Democratic-majority states, including Massachusetts, New York, and Illinois, are involved in the lawsuit against the H-1B visa fee. They argue that this new fee violates the US Constitution as well as federal immigration laws. It will impose a significant financial burden on our public hospitals, universities, and schools, exacerbating the already existing shortage of teachers and doctors.

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