A group of 19 Democratic state attorneys general has filed a lawsuit against the Department of Homeland Security over a newly imposed $100,000 fee for employers hiring workers under the H-1B visa program. The lawsuit, filed in federal court in Massachusetts, argues that the fee was implemented without proper public notice or comment and contradicts Congress’s intent to help U.S. employers retain highly skilled international workers.
California Attorney General Rob Bonta warned that the fee would have devastating effects on employers in the state, who face shortages of teachers, nurses, and doctors. The H-1B visa program, created through the Immigration Act of 1990, allows U.S. employers to hire workers with advanced skills in fields such as health care, education, and research. Attorneys general contend that the Trump administration’s fee exceeds processing costs and creates a prohibitive financial barrier, potentially forcing employers to abandon hiring for critical positions. They also raised concerns that the Secretary of Homeland Security could apply exemptions selectively, allowing for potential discriminatory enforcement. Officials from Oregon and Vermont highlighted that the fee threatens universities, research institutions, and essential health care services, further exacerbating workforce shortages. The coalition includes attorneys general from states including California, New York, Washington, Oregon, Vermont, and others, all seeking to block the fee as unlawful.