20 States Sue Over Trump Administration’s $100,000 H‑1B Fee, Saying It Exceeds Congressional Authority

San Francisco — California Attorney General Rob Bonta announced Friday that he and 19 other states have filed a lawsuit challenging the Trump administration’s decision to raise the fee charged on new H‑1B visa petitions to $100,000.

Bonta contends the fee hike is unlawful because it exceeds amounts authorized by Congress and undermines the legislative intent of the H‑1B skilled-worker program. All 20 states joining the suit are represented by Democratic attorneys general.

"No presidential administration can rewrite immigration law," Bonta said at a San Francisco news conference. "No president can ignore the co-equal branch of government of Congress, ignore the Constitution, or ignore the law."

The H‑1B program is widely used by major technology companies to hire highly skilled foreign workers. Critics in some conservative circles have argued the program can be misused to bypass domestic applicants and reduce labor costs. Bonta warned, however, that the dramatic fee increase could also worsen shortages in other critical fields — including physicians, researchers, teachers, nurses and public‑service employees — by making it harder and more expensive for employers to recruit internationally.

The fee was announced via presidential proclamation in September. The lawsuit argues that the administration’s new charge could be applied unevenly and at the discretion of the Department of Homeland Security, creating uncertainty for employers and applicants.

High‑skilled immigration and the H‑1B program have long been a point of friction between some of the president’s populist supporters and the tech industry, which emphasizes the program’s role in attracting global talent. In recent weeks, the president has moderated his rhetoric and said the U.S. still needs to admit skilled workers for certain sectors.

White House spokesperson Taylor Rogers defended the policy, calling it lawful and "a necessary, initial, incremental step towards necessary reforms to the H‑1B program." Rogers said the change would "put American workers first," discourage abuse of the system and provide certainty to employers who rely on overseas talent.

Bonta did not propose specific reforms during the briefing but said the H‑1B program "probably benefits from improvements," indicating the states’ challenge focuses on the legality of the fee rather than proposing a detailed alternative.

Earlier this fall, the U.S. Chamber of Commerce — joined by a group representing research universities — filed a separate lawsuit arguing the administration overstepped statutory limits governing the H‑1B program. A broader coalition, including several labor unions, has also pursued its own legal challenge.

The states’ new lawsuit will be filed in federal court in Massachusetts and will be led by California Attorney General Rob Bonta alongside Massachusetts Attorney General Andrea Joy Campbell. According to Bonta’s office, this is the 49th time Bonta has brought legal action challenging the Trump administration this year.