Archive · 17 Dec 2025
19 States Sue Over $100k H-1B Visa Fee
Nineteen states are suing the Trump Administration because they think a new $100,000 fee for H-1B visas is too high and unfair.
H-1B visas are for skilled workers from other countries who come to the U.S. to work in special jobs, like doctors and teachers.
The states say this big fee will make it hard for employers, especially schools and hospitals, to hire these workers.
They also say the government didn't follow the right rules when they made this fee.
The fee is much higher than the usual fees, and the states think it will hurt important services.
Companies like Tata Consultancy Services, Infosys, and Cognizant could be heavily impacted, potentially facing over $1 billion in additional visa charges.
The fee applies only to new hires from outside the U.S., not those already present.
19 states sue the Trump Administration over a $100,000 fee for new H-1B visa petitions.
The fee is alleged to violate the law and exceed Congress's fee-setting authority.
The lawsuit claims the fee bypasses required rulemaking procedures and could be applied selectively.
H-1B visas are for highly skilled foreign workers in critical fields like healthcare and education.
The fee threatens to leave critical positions unfilled, especially in public sector and government employers.
- Who
- 19 states led by Oregon's Attorney General Dan Rayfield
- What
- Sue the Trump Administration over a $100,000 fee for new H-1B visa petitions
- When
- After September 19, 2025 proclamation and September 21, 2025 implementation
- Where
- United States
- Why
- Alleged violation of the law, exceeding fee-setting authority, and bypassing required rulemaking procedures
States' Perspective
Trump Administration's Perspective
Legality of the Fee
States' Perspective
The fee violates the law and exceeds Congress's fee-setting authority.
Trump Administration's Perspective
The fee is a necessary measure to control the hiring of skilled foreign workers.
Rulemaking Procedures
States' Perspective
The fee bypasses required rulemaking procedures.
Trump Administration's Perspective
The fee is implemented through presidential proclamation, which is within the administration's authority.
Impact on Employers
States' Perspective
The fee threatens to leave critical positions unfilled, especially in public sector and government employers.
Trump Administration's Perspective
The fee aims to prioritize American workers and reduce dependence on foreign labor.
- Fee Amount
- $100,000
- Plaintiffs
- Oregon, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Rhode Island, Vermont, Washington, Wisconsin
- Defendants
- Trump Administration, Department of Homeland Security (DHS)
- H-1B Visa Cap
- 65,000 (with 20,000 exemption for master's degree holders)
- Current Fees
- $960 to $7,595
- Implementation Date
- September 21, 2025
- Legal Basis
- Administrative Procedure Act (APA)
- Impacted Companies
- Tata Consultancy Services Ltd., Infosys Ltd., Cognizant Technology Solutions Corp.
- Percentage of H-1B Hires Affected
- 93% of new Infosys hires, 82% of Tata hires, 89% of Cognizant hires
- Total Potential Visa Charges
- Over $1 billion