01/24/2026
A coalition of Democratic-led states has filed a lawsuit against the Trump administration over the newly imposed $100,000 fee on H-1B visa applications, calling the policy unlawful and harmful to key sectors of the U.S. economy.
California Attorney General Rob Bonta, joined by attorneys general from 19 other states, is leading the legal challenge against the Department of Homeland Security, arguing that the administration does not have the authority to impose a six-figure surcharge on the H-1B program without congressional approval.
The lawsuit says the fee places a severe financial burden on employers and threatens industries that rely heavily on H-1B workers — including healthcare, education, research, engineering, and technology. According to state officials, tens of thousands of educators and healthcare professionals across the country currently work under H-1B visas.
The Trump administration announced the fee in September, claiming the H-1B program has been abused to replace American workers with cheaper foreign labor. But the states argue that Congress has already set caps, fees, and enforcement mechanisms for the program, and never authorized a $100,000 charge that could effectively dismantle it.
“Presidents do not have the power to rewrite immigration law,” Bonta said, warning that the policy could destabilize schools, hospitals, universities, and research institutions nationwide.
The case adds to growing legal challenges surrounding recent immigration changes, as courts are increasingly asked to decide how far executive authority can go in reshaping visa programs.
One step can change your future ✨
To book an appointment for a phone or video consultation with one of our attorneys specialized in U.S. immigration and learn about the best legal options available for you, please visit our website at the following link:
https://shorelineimmigration.com/booking/
