States challenge $100k visa fee for STEM, doctors and other vital workers
The states are banding together to resist authoritarian federal actions.
A coalition of 20 states is challenging a Trump administration policy imposing a $100,000 fee on new H-1B visa petitions.
The lawsuit argues the fee violates federal law, bypasses required rulemaking, and exceeds executive authority.
The states say the policy would harm their universities, healthcare providers, and employers relying on highly skilled workers.
There’s a lot of talk from the White House about America’s need to remain competitive with China in the technology race but a lawsuit filed by 20 states accuses the Trump administration of blocking top talent from coming to these shores.
At issue is Trump’s new policy that imposes a $100,000 fee on new H-1B visa petitions, calling the measure unlawful and harmful to critical public services.
The federal H-1B visa program allows U.S. employers to hire highly skilled foreign workers for specialized positions, including physicians, researchers, nurses, and other professionals needed to address nationwide labor shortages. Congress caps most H-1B visas at 65,000 annually, with an additional 20,000 visas available for individuals holding a master’s degree or higher.
While medical workers get the most attention in protests against the Trump policy, it’s actually STEM workers who are most commonly being blocked. About 60–65% of H-1B visa holders are in computer-related occupations — including software engineering, systems analysis, programming and related tech jobs, according to the Pew Research Center.
Architecture, engineering, and surveying jobs together make up roughly around 9–10% of H-1B approvals, Pew said.
Since the program’s creation, Congress has adjusted H-1B requirements to balance employers’ labor needs with protections for U.S. workers. Historically, employers filing an initial H-1B petition paid total regulatory and statutory fees ranging from $960 to $7,595.
“Selective enforcement,” the suit charges
That structure changed Sept. 19, when President Donald Trump issued a proclamation ordering an unprecedented $100,000 fee for new H-1B petitions. The U.S. Department of Homeland Security implemented the policy through written guidance affecting applications filed after Sept. 21. The policy also gives the secretary of homeland security broad discretion to determine which petitions are subject to the fee or qualify for an exemption.
The lawsuit argues that this discretion raises the risk of selective enforcement against employers disfavored by the administration.
The state attorney generals filing the suit said the fee would pose a significant burden on employers, particularly public universities and colleges that rely on H-1B workers to support research and education.
“The unlawful $100,000 H-1B visa fee is devastating for Colorado, and threatens the quality of education, healthcare, and other core services available to our residents,” Colorado Attorney General Phil Weiser said. He added that state institutions are unable to absorb the additional cost for each H-1B hire.
Acting on a whim
“As the world’s fourth largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward,” said California Attorney General Rob Bonta.
“The Trump Administration thinks it can raise costs on a whim, but the law says otherwise. We are going to court to defend California’s residents and their access to the world-class universities, schools, and hospitals that make Californians proud to call this state home.”
A fee too far
In the lawsuit, the coalition contends the policy violates federal law by imposing a fee far beyond what Congress authorized. The states also argue the fee contradicts congressional intent behind the H-1B program, bypasses required rulemaking procedures, and exceeds executive authority under the Administrative Procedure Act.
Trump’s action seems out of step with his usual efforts to follow the dictates of Big Tech since companies like Amazon, Microsoft, Meta, and Google are among the biggest sponsors for new H-1B hires, reflecting the program’s significance in recruiting global tech talent.