Archive · 13 Dec 2025
20 States Sue Trump Over $100,000 H-1B Visa Fee
Twenty US states are suing President Trump because he added a big new fee of $100,000 for a special work visa called H-1B.
This visa helps companies hire skilled workers from other countries, like doctors, teachers, and scientists.
The states say this new fee is too much and will make it harder for schools and hospitals to find the workers they need.
They also say the government didn't follow the right rules to make this fee.
Right now, the fee for this visa is much lower, between $2,000 and $5,000.
The states are worried that without enough workers, important services like healthcare and education will suffer.
The Trump administration says the fee is to protect American workers and ensure companies bring the best talent from overseas.
Twenty US states, led by California and Massachusetts, filed a lawsuit challenging the Trump Administration’s $100,000 fee on new H-1B visa petitions, arguing it is unlawful and threatens essential public services.
The fee was implemented by the Department of Homeland Security and applies to H-1B petitions filed after September 21, 2025.
The states argue the policy violates the Administrative Procedure Act and the US Constitution by bypassing required rulemaking and exceeding congressional authority.
The new fee would exacerbate staffing shortages in education and healthcare, sectors that heavily rely on the H-1B programme.
The Trump administration defends the fee, stating it aims to protect American workers and ensure companies bring the best talent from overseas.
- Who
- Twenty US states, led by California and Massachusetts
- What
- Filed a lawsuit challenging a $100,000 fee on new H-1B visa petitions
- When
- After September 21, 2025 (policy implemented via proclamation on September 19, 2025)
- Where
- United States
- Why
- The states argue the fee is unlawful, threatens essential public services, and violates the Administrative Procedure Act and the US Constitution
States' Perspective
Trump Administration's Perspective
Legality of the Fee
States' Perspective
The states argue the fee is unlawful and violates the Administrative Procedure Act and the US Constitution by bypassing required rulemaking and exceeding congressional authority.
Trump Administration's Perspective
The Trump administration defends the fee as lawful, describing it as a necessary step towards necessary reforms to the H-1B program.
Impact on Public Services
States' Perspective
The states argue the fee will exacerbate staffing shortages in education and healthcare, sectors that heavily rely on the H-1B programme.
Trump Administration's Perspective
The Trump administration states the fee aims to protect American workers and ensure companies bring the best talent from overseas.
- Fee Amount
- $100,000
- Current Fees
- $2,000 to $5,000
- Annual H-1B Cap
- 65,000 (private sector) + 20,000 (advanced degrees)
- H-1B Visas for Medicine (2024)
- 17,000
- Projected Physician Shortage (2036)
- 86,000
- School Districts with Staffing Issues (2024-2025)
- 74%
- States Involved in Lawsuit
- Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin
- Date of Lawsuit Filing
- December 12, 2025
Sources
20 US states sue Trump over $100,000 H-1B visa fee
'Skilled Talent Drives Us Forward': 20 US States Sue Trump Over $100,000 H-1B Visa Fee
Ray of hope for Indians? States to sue Donald Trump over $100,000 fee for H-1B visa applications
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'No President Can Rewrite Immigration Law': 20 US States Sue Trump Over $100,000 H-1B Visa Fee
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'No President Can Ignore Constitution': 20 States Sue Trump Over H-1B Visa Fee Hike
US: 20 States Sue Trump Administration Over $100,000 H-1B Visa Fee, Citing Legal & Economic Harm
US Work Visas Explained: A Quick Guide to H, L, O and C Visas And How They Differ | WATCH
'No President can...': California and 19 US states sue to block Trump’s $100,000 H-1B visa fee
Trump's $100,000 H-1B visa fee draws legal challenge from US states
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California, 19 states sue Donald Trump to block $100,000 fee on H-1B visas - Telegraph India
20 US states sue Trump over $100,000 H-1B visa fee – All about it
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‘American jobs first’: US Labour Secretary signals tough line on H 1B hiring
