California, along with 18 other U.S. states, is set to file a lawsuit on Friday against President Donald Trump’s $100,000 fee for new H-1B visas aimed at highly skilled foreign workers, according to the California Attorney General Rob Bonta’s office. This legal action, to be filed in federal court in Massachusetts, marks at least the third lawsuit challenging the fee introduced by Trump in September, which significantly increases the costs associated with obtaining H-1B visas. Currently, employers typically face fees ranging from $2,000 to $5,000.
Bonta’s office stated that Trump does not have the authority to impose such a fee, which it argues violates federal law stipulating that immigration authorities can only collect fees necessary to administer visa programs. The H-1B visa program enables U.S. employers to employ foreign workers in specialized fields. The technology sector, particularly, relies heavily on these visas, as many California-based companies depend on skilled foreign workers.
Bonta, a Democrat, expressed concern that the proposed fee would impose unjust financial strains on essential service providers, including education and healthcare, worsening labor shortages and posing risks to service availability. States joining California in the lawsuit include New York, Massachusetts, Illinois, New Jersey, and Washington.
In response to earlier lawsuits, the White House has defended the new fee as a legal exercise of Trump’s powers and claims it aims to deter abuse of the H-1B program. Critics assert that H-1B visas are often utilized to displace American workers with cheaper foreign labor.
Conversely, business organizations and prominent CEOs argue that H-1B visa holders are vital to bridging the gap created by a shortage of qualified American workers. The U.S. Chamber of Commerce, the largest business lobby in the nation, along with various unions, employers, and faith-based organizations, have also filed separate lawsuits against the fee.
A judge in Washington, D.C., is expected to hold a hearing on the Chamber’s lawsuit next week. Trump’s directive prohibits new H-1B visa holders from entering the U.S. unless their sponsoring employers pay the $100,000 fee. The administration clarified that this order does not affect current H-1B visa holders or those who applied before September 21. Trump has invoked his authority under federal immigration law, asserting that certain foreign nationals could pose a threat to U.S. interests.
Bonta’s office emphasized that the $100,000 fee is excessively high and exceeds the actual cost of processing H-1B applications, making it unlawful. Furthermore, it contended that the U.S. Constitution prevents Trump from unilaterally imposing fees aimed at generating revenue for federal purposes, a responsibility that lies within the purview of Congress.
Original Source: https://indianexpress.com/article/world/donald-trumps-100000-h-1b-visa-fee-draws-legal-challenge-from-california-10417576/
Category: World
Tags:
Publish Date: 2025-12-13 01:01:00
