Boston lawsuit challenges Trump’s H-1B fee hike, which sharply raises visa costs for employers
A US flag and a US H-1B visa application form are seen in this picture taken on September 22, 2025. PHOTO: REUTERS
California and 19 other US states filed a lawsuit Friday seeking to block President Donald Trump’s $100,000 cap on new H-1B visas for highly skilled foreign workers.
The lawsuit in federal court in Boston is at least the third challenging the fee announced by Trump in September, which dramatically increases the cost of obtaining H-1B visas. Currently, employers typically pay between $2,000 and $5,000 in fees.
California Attorney General Rob Bonda’s office said in a statement that Trump does not have the authority to impose the fee, opens a new tab, and that it violates federal law, which allows immigration authorities to collect only the fees necessary to cover the costs of administering visa programs.
The H-1B program allows US employers to hire foreign workers in specific fields. The technology industry, with many companies based in California, is particularly dependent on workers receiving the visas.
Bonta, a Democrat, said the $100,000 fee would create unnecessary financial burdens on providers of vital services like education and health care, exacerbating labor shortages and threatening to cut services.
States joining California in the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington.
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The White House, in response to other lawsuits, said the new fee was a legal exercise of Trump’s powers and would deter employers from abusing the H-1B program.
Critics of H-1B visas and other work visas say they are often used to replace American workers with foreign workers who will work for less money. But business groups and major corporations have argued that H-1B visa workers are a critical means of addressing the shortage of skilled American workers.
The U.S. Chamber of Commerce, the nation’s largest business lobby, and a coalition of unions, employers and religious groups have filed separate lawsuits challenging the end. A judge in Washington, DC, is set to hold a hearing on the Chamber’s lawsuit next week.
Trump’s order bars new H-1B recipients from entering the United States unless their visa-issuing employer has made the $100,000 payment. The administration said the order does not apply to existing H-1B holders or those who applied before Sept. 21.
Trump in the order invoked his authority under federal immigration law to restrict the entry of certain foreign nationals who would be detrimental to US interests.
Bonta’s office said Friday that the $100,000 fee far exceeds the cost of processing H-1B applications, making it illegal. He added that the US Constitution bars Trump from unilaterally imposing tariffs to raise revenue for the United States, a position reserved for Congress.
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