A group of Democratic-controlled states has filed a lawsuit against the Trump administration over a newly introduced $100,000 fee for H-1B visas, calling the move unlawful and an overreach of executive authority.
The legal challenge, announced Friday, is being led by California Attorney General Rob Bonta, along with attorneys general from Massachusetts, New York, and several other states. The lawsuit targets a policy unveiled by the administration in September, which dramatically increases the cost of H-1B visas on the grounds that the program is being excessively used.
H-1B visas allow highly skilled foreign professionals to work in the United States, typically in specialized fields such as technology, healthcare, education, and research. To qualify, applicants must generally hold at least a bachelor’s degree or an equivalent credential.
According to the coalition, the fee—implemented through the Department of Homeland Security—goes far beyond what Congress has authorized under existing immigration law. The attorneys general argue that while lawmakers have set caps, established reasonable fees, and strengthened oversight of the program over time, they have never approved a six-figure charge that could effectively cripple it.
Speaking at a press conference, Bonta said the fee would place an enormous financial strain on employers, both public and private, making it far more difficult to fill essential roles.
He emphasized the program’s importance to critical sectors, noting that tens of thousands of workers in education and healthcare depend on H-1B visas. Bonta stated that nearly 30,000 educators nationwide currently hold H-1B visas, while about 17,000 healthcare professionals used the program last year.
The California attorney general also pointed out that this lawsuit is part of a broader pattern of legal opposition, marking the 49th case California has filed against the Trump administration since it assumed office in January.
“No presidential administration has the authority to rewrite immigration law,” Bonta said. “A president cannot destabilize schools, hospitals, or universities on a whim, nor bypass Congress, the Constitution, or the rule of law.”
The Department of Homeland Security has not yet responded to requests for comment on the lawsuit. The U.S. Department of Justice declined to issue a statement.
