20 States Sue Over $100,000 H-1B Visa Fee

A coalition of 20 states, led by California and Massachusetts, filed a federal lawsuit in Boston on Friday challenging the Trump administration's imposition of a $100,000 fee on new H-1B visa applications. The suit, the first by U.S. states against the policy, argues that the fee exceeds the executive branch's authority, violates federal immigration law and bypasses required rulemaking procedures.

The H-1B visa program enables U.S. employers to hire foreign workers in specialty occupations requiring advanced skills, such as those in technology, healthcare and engineering. President Donald Trump announced the fee in a September proclamation, citing national interest under immigration statutes to curb perceived abuses that displace American workers. The policy applies only to new visa recipients seeking entry to the United States and spares current holders or those who applied before September 21. Prior to the change, employers paid between $960 and $7,595 in fees for initial petitions.

Attorneys general from the plaintiff states, including New York, Illinois, New Jersey, Washington and others, contend the fee arbitrarily inflates costs far beyond what Congress authorized to cover...