California and 18 other U.S. states are preparing to challenge the Trump administration’s decision to raise the H-1B visa fee to $100,000, a dramatic increase for employers who rely on skilled foreign workers.
According to California Attorney General Rob Bonta’s office, the states plan to file a lawsuit on Friday seeking to block the new fee structure. The lawsuit is being joined by several major states, including New York, Massachusetts, Illinois, New Jersey, and Washington, Reuters reported.
Federal Lawsuit Marks Latest Challenge to H-1B Fee Hike
The multistate legal action—set to be filed in federal court in Massachusetts—would become the third lawsuit contesting the fee increase announced by Donald Trump in September. Current fees for H-1B filings typically range between $2,000 and $5,000, far below the proposed $100,000 cost.
Earlier challenges were brought by the U.S. Chamber of Commerce, the nation’s largest business advocacy group, as well as coalitions representing unions, employers, and religious organizations.
California Says Trump Lacked Authority to Impose New H-1B Fee
Officials from Attorney General Bonta’s office argue that the President does not have the authority to impose such a steep fee on the H-1B visa program, which enables U.S. companies to employ foreign workers in specialized fields.
According to Reuters, they claim the proposed fee violates federal law, which only allows immigration agencies to collect fees necessary to cover the cost of administering visa programs.
California—home to many of the country’s largest technology companies—relies heavily on H-1B talent. Bonta, a Democrat, warned that the $100,000 fee would place a significant financial burden on employers providing essential services, including healthcare and education.
White House Defends Fee as Effort to Prevent H-1B Abuse
In response to earlier lawsuits, the White House maintained that the fee increase was intended to prevent misuse of the H-1B program. Officials said the decision was “a lawful exercise of the President’s powers,” according to Reuters, and would help discourage employers from relying too heavily on foreign labor.
