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A group of 20 Democratic states sue Trump over $100,000 fee for H-1B visas

The lawsuit was led by California Attorney General Rob Bonta and Massachusetts Attorney General Joy Campbell.

Rob Bonta, California attorney general/Patrick T. Fallon

Rob Bonta, California attorney general/Patrick T. FallonAFP

Joaquín Núñez
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A group of 20 Democratic states have sued Donald Trump for setting the fee for H-1B visas at $100,000. The coalition, led by California, asserts that the president's action was illegal, given that it exceeds the limits authorized by Congress and the authority granted to the Executive Branch under the Administrative Procedure Act (APA).

The measure announced by Trump in September affected all applications filed after Sept. 21, giving Homeland Security Secretary Kristi Noem complete discretion to decide which applications are subject to the new fee and which are not.

Rob Bonta, California's attorney general, asserted that Trump's move was "raising costs on a whim."

"As the world’s fourth largest economy, California knows that when skilled talent from around the world joins our workforce, it drives our state forward. President Trump’s illegal $100,000 H-1B visa fee creates unnecessary — and illegal — financial burdens on California public employers and other providers of vital services, exacerbating labor shortages in key sectors," Bonta said in a statement.

"The Trump Administration thinks it can raise costs on a whim, but the law says otherwise. We are going to court to defend California’s residents and their access to the world-class universities, schools, and hospitals that make Californians proud to call this state home," he added.

The Democratic states' lawsuit was filed in federal court in Massachusetts. The other visible face of the lawsuit is Joy Campbell, attorney general of Massachusetts.

What are H-1B visas?

H-1B-type visas allow companies to temporarily hire foreign workers for specialty occupations. Specifically, they are typically used in the technology, engineering, science and health fields. According to the executive order signed by the president in September, some employers have exploited the program to pay lower wages and not hire U.S. workers.


Under the previous system, companies were required to pay significantly lower fees. The process consisted of an initial registration fee of ten dollars, filing fees that could cost anywhere from hundreds to thousands of dollars depending on the case, and additional contributions that also depended on the circumstances. These costs were one-time or renewal fees, but not a fixed annual fee.
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