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A coalition of over a dozen states has taken a stand against the Trump administration’s decision to impose a $100,000 fee on new H-1B visa applications. This move, announced on Friday, is seen as a significant hurdle for a visa program crucial to the U.S. technology sector.
California Attorney General Rob Bonta, along with 19 other attorneys general, has filed a lawsuit challenging the legality of this hefty fee. In his statement, Bonta criticized the administration’s policy as “unlawful,” highlighting the financial burden it would place on employers during the hiring process.
President Donald Trump had declared in September that the U.S. would introduce this annual fee, a steep increase from the previous range of $2,000 to $5,000 per application. This has sparked concern among stakeholders who rely heavily on international talent.
The states opposing this fee hike include Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. These states argue that such a financial demand could adversely affect sectors like healthcare and education.
New York Attorney General Letitia James condemned the administration’s actions, stating that the “illegal attempt to ruin this [visa] program” would have detrimental effects on educational systems and the economy at large.
As of now, the White House has not issued a response to requests for comment on this legal challenge.
The White House did not immediately respond to a request for comment.
What Are H-1b Visas?
H-1B visas, established under former President George H.W. Bush in 1990, allow U.S. companies to temporarily hire a foreign employee in occupations requiring a “body of highly specialized knowledge” and a bachelor’s degree or higher. An employer files H-1B petitions, known as an I-29, on the worker’s behalf with the Labor Department and the worker then applies for a visa before entering the U.S. if approved. Employers also apply through the lottery system, as there’s an annual cap of about 85,000 visas for most private companies.
