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20 States Sue to Block Trump’s $100,000 H‑1B Visa Fee

The case tests whether a presidential proclamation can impose a six-figure surcharge on employers using the H‑1B program.

Overview

  • The multistate complaint was filed Friday in federal court in Boston, led by California and Massachusetts, with New York, Illinois, New Jersey and Washington among the 20 participants.
  • Plaintiffs argue the policy exceeds executive authority, violates the Administrative Procedure Act’s rulemaking requirements and contradicts statutes limiting fees to cost recovery.
  • States warn the charge—far above typical H‑1B costs of roughly $960 to $7,595—would strain public employers and worsen staffing shortages in education and healthcare.
  • The September 19 proclamation applies to new petitions filed after September 21 and excludes existing H‑1B holders, with entry barred unless employers pay the fee.
  • The White House defends the measure as lawful and aimed at curbing program abuse, while parallel suits by the U.S. Chamber and others proceed, with a D.C. hearing expected next week.