Over 20 US states challenge $100,000 H-1B visa fee

More than 20 US states have moved to block the Trump administration’s newly imposed $100,000 fee on H-1B visas, warning that it would severely disrupt hospitals, schools and public institutions while cutting off access to skilled foreign professionals, particularly from India.

The states filed an amicus brief supporting plaintiffs in Global Nurse Force v. Trump, urging a federal court in California to issue an injunction against the policy. They argue the fee is unlawful, economically damaging and contrary to the public interest.

California Attorney General Rob Bonta said the fee would place an unbearable financial burden on public employers and leave critical positions unfilled in healthcare, education and research. He said his office is challenging the policy to protect universities, schools and hospitals that rely on international talent.

The fee, introduced on September 19, 2025, applies to new H-1B petitions filed after September 21 and gives broad discretion to the DHS secretary on exemptions—raising concerns of selective enforcement.

States warned that the fee would worsen teacher shortages, force hospitals to reduce staffing and harm underserved communities. They noted that H-1B professionals contribute an estimated $86 billion annually to the US economy.