19 US States Sue Trump Admin Over $100,000 H-1B Visa Fee
The lawsuit alleges the policy, implemented by the U.S. Department of Homeland Security, violates federal law by imposing a fee not authorized by Congress
A coalition of 19 U.S. state attorneys general, led by Oregon Attorney General Dan Rayfield, has filed a lawsuit against the Trump administration challenging a new policy that imposes a $100,000 fee on new H-1B visa petitions. The states argue the fee is unlawful and would severely harm employers already facing critical labor shortages.
In a press release issued by the Oregon Department of Justice, Rayfield said the fee would create an insurmountable financial barrier for employers, particularly public-sector and government institutions seeking to hire highly skilled foreign workers such as physicians, nurses, researchers, and educators. He warned that colleges, universities, and research institutions rely heavily on international talent to maintain academic programs and innovation.
The lawsuit alleges the policy, implemented by the U.S. Department of Homeland Security, violates federal law by imposing a fee not authorized by Congress. It also claims the administration bypassed required rulemaking procedures and exceeded executive authority under the Administrative Procedure Act.
Attorneys general further raised concerns that the policy gives the Secretary of Homeland Security broad discretion to determine which petitions are subject to the fee, potentially allowing selective or arbitrary enforcement.
Under a proclamation issued by President Donald Trump on September 19, a $100,000 fee applies to all new H-1B visa petitions filed after September 21, including entries into the 2026 lottery. Current visa holders and petitions submitted before that date are not affected.
The attorneys general argue the fee vastly exceeds normal H-1B filing costs, which typically range from $960 to $7,595, and is not tied to the actual cost of processing petitions as required by law. They also contend the administration failed to conduct the mandatory notice-and-comment process before implementing the rule.
The lawsuit highlights the impact on higher education, noting that Oregon State University sponsors more than 150 H-1B workers, while the University of Oregon sponsors over 50. The states warn that the increased fee could leave critical positions unfilled, undermining education, research, and public services.
The coalition includes attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Rhode Island, Vermont, Washington, and Wisconsin.
