Twenty U.S. States Sue Trump Administration Over Sharp H-1B Visa Fee Increase

Attorneys general from 20 U.S. states have filed a lawsuit challenging the Trump administration’s decision to sharply increase fees for the H-1B visa program, which allows U.S. companies to hire skilled foreign workers.

The lawsuit is led by California Attorney General Rob Bonta and Massachusetts Attorney General Joy Campbell. They are joined by attorneys general from Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

In the complaint, lead plaintiff Rob Bonta stated that the Trump administration raised the H-1B visa fee to $100,000, calling the increase “unnecessary, unreasonable, and unlawful.” He argued that the move has placed an excessive burden on employers seeking visas and has contributed to labor shortages across the U.S. workforce.

The lawsuit further emphasized California’s reliance on global talent, noting that as the world’s fourth-largest economy, the state depends heavily on skilled workers from around the world to sustain economic growth and innovation.

The H-1B visa is a specialized program that allows U.S. companies to temporarily employ foreign professionals. Introduced in 2004, the program permits up to 85,000 foreign workers to enter and work in the United States each year.

The visa is primarily used to recruit professionals skilled in science, information technology, engineering, and business administration. According to data from the U.S. Census Bureau, major corporations such as Amazon, Microsoft, Meta, Apple, and Google are among the largest beneficiaries of the H-1B program, employing hundreds of foreign professionals.

Another key feature of the H-1B visa has been its pathway to permanent residency and citizenship. Visa holders can relatively easily obtain permanent resident status, and after five years of permanent residency, they may apply for U.S. citizenship.

Until recently, companies participating in the program paid an annual visa fee of $1,500. However, in September, the Trump administration increased the fee to $100,000, triggering widespread concern and legal challenges.

The fee hike has not only affected private companies but has also had a significant negative impact on the U.S. education and healthcare sectors, both of which rely heavily on skilled foreign professionals. Following the increase, visa application rates declined sharply.

A recent survey found that 74 percent of U.S. schools are now facing teacher shortages in areas such as special education, physical sciences, bilingual education, and foreign language instruction, shortages that have been exacerbated by the higher H-1B visa costs.

The lawsuit argues that the fee increase undermines critical sectors of the U.S. economy and threatens the country’s ability to attract global talent.