Nearly 20 U.S. states, including California, New York, and Illinois, are preparing to sue the Trump administration over the controversial $100,000 H-1B visa fee hike implemented in September 2025. The lawsuit, expected to be filed in Massachusetts federal court, challenges the legality of the fee increase and its impact on essential public services.
Why the States Are Suing
The H-1B visa program allows American employers to hire foreign workers for specialty occupations such as teachers, nurses, physicians, and researchers. According to California Attorney General Rob Bonta, the new fee “could create a costly barrier for employers, especially public sector and government employers, trying to fill these positions,” potentially endangering public services.
“No president can destabilize our schools, hospitals, and universities on a whim. No president can ignore Congress, the Constitution, or the law,” Bonta stated during a press conference.
Legal Basis of the Challenge
The lawsuit argues that the fee hike:
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Violates Congressional intent in establishing the H-1B program.
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Bypasses the notice-and-comment process required under the Administrative Procedure Act (APA).
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Exceeds the executive branch’s authority to set fees beyond what is necessary to cover administrative costs.
Typically, H-1B petition fees range from $960 to $7,595, far below the new $100,000 figure. Legal experts contend that the drastic increase imposes an unlawful financial burden on employers and may destabilize critical public and nonprofit services.
States Involved in the Lawsuit
Apart from California, other states filing the suit include Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The lawsuit is being led by Rob Bonta and his Massachusetts counterpart, Joy Campbell.
This marks at least the third legal challenge to the Trump administration’s H-1B policy, following earlier opposition from the U.S. Chamber of Commerce and a coalition of unions, employers, and religious organizations.
