Twenty US states, led by California Attorney General Rob Bonta, have filed a lawsuit against President Donald Trump, challenging his September executive order that imposes a $100,000 surcharge on new H-1B visa applications. The states argue that the move is illegal, exceeds executive authority, and threatens essential public services.
The lawsuit contends that the administration violated federal immigration law and the Administrative Procedure Act, and bypassed Congress, which has traditionally capped H-1B visa fees at levels meant only to recover administrative costs. The surcharge applies exclusively to new H-1B petitions filed after September 21, 2025.
The H-1B visa programme allows US employers to hire foreign professionals in specialised fields such as technology, healthcare, and education. The states warned that the steep fee would significantly worsen labour shortages, particularly in public-sector roles.
Attorney General Bonta noted that tens of thousands of educators and healthcare workers across the US depend on the H-1B programme. He said the surcharge would place an unlawful financial burden on public employers and service providers.
тАЬAs the worldтАЩs fourth largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward,тАЭ Bonta said. тАЬPresident TrumpтАЩs illegal $100,000 H-1B visa fee creates unnecessary and unlawful financial burdens on California public employers and other providers of vital services, exacerbating labour shortages in key sectors.тАЭ
The lawsuit seeks to block the implementation of the surcharge and restore the existing H-1B fee framework.
