20 States File Lawsuit Against Trump’s $100,000 H-1B Visa Fee: What It Means for U.S. Employers and Workers
A major legal battle is unfolding over the future of skilled immigration in the United States. Twenty states have filed a lawsuit challenging the Trump administration’s $100,000 H-1B visa fee, arguing that the policy is unlawful and harmful to the U.S. economy. The case has sparked national debate, especially among technology, healthcare, and education sectors that rely heavily on high-skilled foreign talent.
At the center of the dispute is the H-1B visa fee lawsuit, which could reshape how America attracts global professionals and fills critical workforce gaps.
Why States Are Suing Over the $100,000 H-1B Visa Fee
California Attorney General Rob Bonta, joined by attorneys general from 19 other states, announced the lawsuit in San Francisco. The coalition argues that the $100,000 H-1B visa fee far exceeds what Congress has authorized and directly conflicts with the purpose of the H-1B program.
According to the states, the administration cannot impose such a steep increase through executive action alone. The lawsuit claims that only Congress has the authority to set visa fee structures, making the current policy legally vulnerable.
Bonta emphasized that the H-1B visa fee lawsuit is about protecting constitutional checks and balances, not politics. He stated that no president has the power to rewrite immigration law without congressional approval.
Impact on Tech, Healthcare, and Education Sectors
The H-1B visa fee lawsuit has raised serious concerns among U.S. employers, particularly in industries already struggling with labor shortages. While major technology companies are among the largest users of H-1B visas, the effects go far beyond Silicon Valley.
Hospitals, universities, research institutions, and public agencies depend on H-1B professionals for roles such as physicians, nurses, researchers, engineers, and teachers. Critics argue that a $100,000 H-1B visa fee could make it financially impossible for smaller employers, rural hospitals, and public universities to hire essential talent.
States involved in the lawsuit warn that the policy could worsen existing shortages in healthcare and public services, ultimately affecting American communities and patients.
Allegations of Selective Enforcement
Another key issue raised in the H-1B visa fee lawsuit is the potential for selective or discretionary enforcement. The lawsuit alleges that the fee could be applied inconsistently, depending on decisions made by the Department of Homeland Security.
State officials argue that such discretion creates uncertainty for employers and workers alike. Businesses may delay hiring, and foreign professionals may choose other countries with more predictable immigration systems.
This uncertainty, they say, undermines the U.S. reputation as a global destination for top talent.
Political Divide Over High-Skilled Immigration
High-skilled immigration has long divided political groups. Some conservative lawmakers argue that the H-1B program is misused to replace American workers with cheaper foreign labor. Supporters of the program counter that H-1B visas fill jobs that cannot be filled domestically, especially in advanced STEM and medical fields.
Interestingly, the president has recently signaled a softer stance on the issue. In a televised interview, he questioned whether the U.S. truly has enough skilled workers to meet demand, acknowledging that foreign talent remains necessary in certain sectors.
Despite this shift in tone, the H-1B visa fee lawsuit challenges the legality of the policy itself, regardless of political messaging.
White House Response to the Lawsuit
The White House has defended the policy, calling the fee increase a lawful and necessary step toward reforming the H-1B program. Administration officials argue that the $100,000 H-1B visa fee is intended to protect American workers and ensure that employers prioritize domestic hiring.
However, states counter that reform cannot come at the cost of violating federal law or destabilizing critical industries.
What Happens Next in the H-1B Visa Fee Lawsuit
Legal experts say the H-1B visa fee lawsuit could take months, if not years, to resolve. Courts will likely examine whether the administration exceeded its authority and whether the fee aligns with congressional intent.
If the states succeed, the policy could be blocked nationwide, offering relief to employers and foreign professionals. If the administration prevails, the decision could set a precedent for future executive actions on immigration fees.
Why This Lawsuit Matters to the U.S. Economy
Beyond legal arguments, the H-1B visa fee lawsuit highlights a broader issue: America’s ability to compete globally for talent. As countries like Canada and the UK streamline skilled immigration, critics warn that excessive fees could push innovators, doctors, and researchers away from the U.S.
For now, businesses, workers, and policymakers are watching closely. The outcome of this case could redefine the future of high-skilled immigration and determine whether the $100,000 H-1B visa fee stands or falls.
AlsoRead: Green Card Marriage Applicants Face New Uncertainty as ICE Detentions Rise at USCIS Interviews