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California, 18 other US states to legally challenge Trump's $100,000 H-1B visa fee

The states joining California in filing the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington.

Updated on: Dec 13, 2025 6:35 AM IST
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California and 18 other states in the US are poised to legally challenge President Donald Trump-led administration's decision to hike the H-1B visa fee to $100,000.

The lawsuit, to be filed in Massachusetts federal court, will be at least the third to challenge the hiked fee on H-1B visa applications. (HT_PRINT)
The lawsuit, to be filed in Massachusetts federal court, will be at least the third to challenge the hiked fee on H-1B visa applications. (HT_PRINT)

The states will file a lawsuit Friday, seeking to block the fee on new H-1B visas for highly skilled foreign workers, Reuters news agency quoted California Attorney General Rob Bonta's office as saying. The states joining California in filing the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington.

The lawsuit, to be filed in Massachusetts federal court, will be at least the third to challenge the hiked fee on H-1B visa applications, announced by Trump in September this year. The employers currently pay between $2,000 and $5,000 in fees, according to the Reuters report.

Also Read | ‘Sending back one H-1B worker equals 10 illegal aliens’: US pollster on Indian techies

Separate lawsuits challenging the fee have been filed earlier by the US Chamber of Commerce – America's largest business lobby – and a coalition of unions, employers and religious groups.

California attorney general says fee violates federal law

California attorney general Bonta's office said Trump did not have the power to impose the fee on the H-1B visa, which allows US employers to hire foreign workers in specialty fields.

They said that the hiked fee also violates the federal law, which permits immigration authorities to collect fees only necessary to cover the cost of administering visa programs, Reuters reported.

California serves as the headquarters for several of the tech companies based in the US, with the industry reliant on workers who receive the visas. Bonta, a Democrat, said the $100,000 fee could lead to unnecessary financial burdens for those providing vital services like education and healthcare.

The White House had, in response to the lawsuits filed earlier, said the fee would discourage employers from abusing the H-1B visa program, adding that the move was a lawful exercise of the President's powers, according to Reuters.

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