California and 19 other U.S. states have filed a lawsuit seeking to stop President Donald Trump from enforcing a $100,000 fee on new H-1B visas for highly skilled foreign workers.
The suit, filed in federal court in Boston, is the latest legal challenge to the policy announced in September, which sharply increases the cost of H-1B visas from the usual $2,000–$5,000 range. California Attorney General Rob Bonta said the president lacks the authority to impose such a fee, arguing that federal law only allows visa charges that cover administrative costs.
The H-1B program enables U.S. employers to hire foreign professionals in specialised fields, with the technology sector—particularly in California—being one of the biggest beneficiaries. Bonta warned that the proposed fee would place heavy financial strain on sectors such as education and healthcare, worsen labour shortages, and potentially reduce essential services.
States joining California in the lawsuit include New York, Massachusetts, Illinois, New Jersey and Washington.
The White House has defended the policy, insisting the fee is lawful and aimed at preventing abuse of the H-1B programme. Critics of the visa system argue it can be used to replace American workers with cheaper foreign labour, while business groups counter that the visas are essential to filling gaps where qualified U.S. workers are unavailable.
Separate lawsuits have also been filed by the U.S. Chamber of Commerce and a coalition of unions, employers and religious groups. A hearing in one of those cases is scheduled for next week in Washington, D.C.
Under Trump’s order, new H-1B visa holders would be barred from entering the U.S. unless their employers pay the $100,000 fee. The administration says the rule does not affect current visa holders or applications submitted before September 21. California argues the fee far exceeds processing costs and violates the Constitution, which reserves revenue-raising powers for Congress.
