State AGs sue Trump admin over new $100K visa fee

(CN) — A coalition of 19 Democratic state attorneys general on Friday filed a lawsuit against the Department of Homeland Security, claiming a new $100,000 fee to hire workers under the H-1B visa program is unlawful.

In the lawsuit, filed in federal court in Massachusetts, the attorneys general claim the agency implemented the large fee without proper public notice or comment. They say the high price tag flies in the face of Congress’s goals of helping U.S. employers retain highly skilled workers from other nations.

At a press conference announcing the lawsuit, California Attorney General Rob Bonta said the effects of imposing the fee on California employers would be “devastating.”

“California needs more teachers, more nurses, more doctors. There is a shortage,” Bonta said. “These workers fill essential roles that keep the community running.”

The H-1B visa program was established by Congress through the Immigration Act of 1990. It allows employers to hire expert workers, often those with advanced degrees, including physicians, nurses, educators and researchers.

The program is designed to help fill U.S. labor shortages in specialized fields. But in a proclamation in September, President Donald Trump imposed a new $100,000 fee for all H-1B petitions.

By sidestepping public processes under the Administrative Procedure Act, Bonta said the Trump administration’s establishment of a new fee was unprecedented and a “direct violation of the law.”

“It was designed to dismantle the program entirely,” he said. “No president can ignore the coequal branch of government and ignore the law.”

The attorneys general also say the new policy grants the Secretary of Homeland Security discretion to decide when to exempt the fee. They say that “raises concerns that the enforcement could be applied selectively against employers disfavored by the Trump Administration.”

In a statement, Oregon Attorney General Dan Rayfield said Oregon universities depend on the H-1B visa program to fill faculty and research roles.

“Eliminating access to H-1B faculty, researchers and staff would inflict significant institutional harm, depriving students of critical educational opportunities,” he said.

In Vermont, Attorney General Charity Clark said the state relies on hundreds of H-1B visa-holders, especially in health care services.

“Vermont has an aging population, and we need health care workers and other skilled professionals to fill many of our job openings,” Clark said. “While Vermont is focused on recruiting talented professionals and welcoming new neighbors, President Trump is exacerbating the problems with unlawful and exorbitant fees.”

Before the new policy, the fee for an employer could range from $900 to $7,595 — an amount that was already difficult for some employers and institutions to pay per hire, the attorney generals claim.

They say the $100,000 far exceeds the cost to process the petitions and is an insurmountable financial barrier for all but the wealthiest, making it even more difficult to hire for hard-to-fill positions.

DHS did not immediately respond to a request for comment.

The coalition includes the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington and Wisconsin.