20 US states sue Trump over $100,000 H-1B visa fee – All about it

A coalition of 20 US states filed a lawsuit against the Trump administration over the imposition of a $100,000 fee on new H-1B visa applications. 

The primarily Democratic-led states argue in the suit that the charge creates an expensive and illegal barrier for companies to use the popular visa program.


The lawsuit filed in federal court in Boston is at least the third to challenge the charge announced by the President in September, which significantly raises the cost of acquiring H-1B visas, but the first complaint by US states. Currently, employers pay fees ranging from $2,000 to $5,000.

The lawsuit is being led by California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell. The other states joining the suit are Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

“Congress has refined this programme, setting caps, establishing fees, enhancing enforcement and strengthening protections, but what Congress has never done is authorise a president to impose a six-figure surcharge designed to dismantle the programme entirely," Rob Bonta said at a press conference, reported CNN.

“The bottom line is, no presidential administration can rewrite immigration law. No president can destabilise our schools, our hospitals and universities on a whim, and no president can ignore the co-equal branch of government, of Congress, ignore the Constitution or ignore the law," Bonta added.

Taylor Rogers, a White House spokesperson, defended the fee as lawful, describing it as "a necessary, initial, incremental step towards necessary reforms to the H-1B program.”

“President Trump promised to put American workers first, and his commonsense action on H-1B visas does just that by discouraging companies from spamming the system and driving down American wages, while providing certainty to employers who need to bring the best talent from overseas,” she was quoted as saying by Bloomberg.

The H-1B visa program enables US companies to hire college-educated foreign workers for specialised occupations. H-1B visas are given by a lottery method, but they are mostly used in the technology industry.

The attorneys general who filed the lawsuit to prohibit the charge stated that it would be especially detrimental to important public sectors such as education and health care.


“The administration’s illegal attempt to ruin this program will make it harder for New Yorkers to get health care, disrupt our children’s education, and hurt our economy,” according to New York Attorney General Letitia James.