US States Challenge Trump Administration’s $100,000 H-1B Visa Fee

More than 20 US states have taken action to block the Trump administration’s new $100,000 fee on H-1B visas, citing concerns about disrupting schools and hospitals nationwide and hindering the flow of skilled foreign talent. Indian professionals, who constitute a significant portion of H-1B visa holders and play vital roles in various sectors in the US, especially in public institutions, are particularly affected by this measure.
The legal challenge, supported by a multistate amicus brief, aims to halt the policy that imposes the hefty fee on H-1B petitions, arguing that it is unlawful and not in the public interest. California Attorney General Rob Bonta emphasized the adverse impact of the fee on public employers, essential positions, and critical sectors.
Introduced by the Trump administration on September 19, 2025, the $100,000 visa fee has raised concerns about exacerbating labour shortages, economic weakening, and disrupting essential public services. The policy grants the Department of Homeland Security secretary broad discretion in determining which petitions are subject to the fee, a provision that states argue could lead to selective enforcement issues.