BOSTON, Mass., A coalition of 20 Democratic attorneys general filed a federal lawsuit Friday seeking to block the Trump administration’s new $100,000 surcharge on H-1B visas, arguing the fee exceeds executive authority and threatens critical workforce pipelines. Led by California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell, the states contend the Department of Homeland Security imposed the fee without required rulemaking and in violation of federal law.
The policy, announced in September and applied to H-1B petitions filed after September 21, dramatically raises costs well beyond the typical $960 to $7,595 employers currently pay. The lawsuit argues the surcharge far exceeds administrative costs, effectively turning a visa processing fee into an unauthorized revenue tool reserved for Congress. States warn the move will worsen staffing shortages in health care, education, and research, sectors that rely heavily on the H-1B program. Nearly 30,000 educators and about 17,000 health-sector workers currently hold H-1B visas, according to the filing.
The administration has defended the fee as a lawful exercise of presidential authority intended to discourage abuse of the visa program. Critics of H-1B visas argue they can undercut American workers, while business groups counter that the program fills gaps where qualified domestic labor is scarce. The states’ lawsuit is at least the third legal challenge, joining suits by the U.S. Chamber of Commerce and a coalition of unions and employers. A judge is expected to hear arguments in a related case next week.
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