Overview
- California and Massachusetts led a 20-state complaint in the District of Massachusetts, marking at least the third court challenge to the policy alongside separate suits by unions and industry groups in California and by the U.S. Chamber in Washington, D.C.
- The states argue the fee is arbitrary and capricious, violates Administrative Procedure Act rulemaking requirements, and exceeds statutory limits on what the Department of Homeland Security can charge.
- Public colleges, K‑12 districts, and healthcare systems are cited as especially vulnerable, with examples including claims that Chicago Public Schools can no longer use H‑1B visas for bilingual and special education roles and that Baltimore schools face classroom staffing risks.
- Trump’s September proclamation set a $100,000 charge on new H‑1B petitions filed after Sept. 21, with later guidance clarifying that amendments and extensions for noncitizens inside the U.S. are not subject to the new fee.
- The White House defends the measure as targeting abuse of the H‑1B program to replace U.S. workers, and Vice President J.D. Vance criticized the states’ suit by saying they should try hiring Americans.