'No President Can Ignore Constitution': $100,000 H-1B Fee Triggers Lawsuit As 20 US States Sue Trump

A coalition led by California has taken the Trump administration to court over its decision to impose a steep $100,000 fee on new H-1B visas, dramatically escalating a national fight over immigration policy and workforce access. The lawsuit, joined by 19 other US states, seeks to block what opponents call an unprecedented and unlawful surcharge that could reshape how American employers hire highly skilled foreign professionals.

The legal challenge targets a policy unveiled in September that would raise the cost of an H-1B visa far beyond existing charges, which generally fall between $2,000 and $5,000. Critics argue the move threatens to destabilise a programme that underpins key sectors such as technology, higher education, and healthcare, while also worsening labour shortages already facing public and private institutions.

California Takes The Lead

California Attorney General Rob Bonta is spearheading the lawsuit, arguing that the Trump administration has exceeded its legal authority. According to the states, immigration law only allows the federal government to levy fees that recover the administrative costs of running visa programmes—not to impose punitive charges designed to raise revenue or discourage participation.

Bonta said in a statement that the administration’s illegal $100,000 H-1B visa fee created unnecessary and unlawful financial burdens on California public employers and other providers of vital services, and that it exacerbated labour shortages in key sector, as per a report on India Today.

The states contend that the policy would directly harm public universities, hospitals, and research institutions that rely on skilled foreign workers to function effectively. The announcement of the fee has also triggered anxiety among Indian professionals, who constitute a substantial share of H-1B visa holders and form the backbone of many US technology and research teams.

Why H-1B Programme Matters

The H-1B visa programme allows US employers to recruit foreign professionals for specialised roles that typically require at least a bachelor’s degree or equivalent expertise. Technology firms—many based in California—are among the largest users, but the programme is also critical for staffing hospitals, schools, and scientific research centres.

Traditionally, H-1B visas are distributed through a lottery system due to high demand. This year, Amazon emerged as the largest recipient with more than 10,000 visas, followed by companies such as Tata Consultancy Services, Microsoft, Apple, and Google, reported Times Now. California remains the top destination for H-1B workers nationwide, reflecting its concentration of technology and innovation hubs.

White House Defends Surcharge

The Trump administration has pushed back strongly against criticism of the policy. White House spokeswoman Taylor Rogers defended the fee as lawful and necessary, describing it as “a necessary, initial, incremental step towards reforms to the H-1B program.”

Administration officials argue that the surcharge aligns with broader efforts to reform immigration rules and reduce reliance on foreign labour, though opponents say it risks undermining US competitiveness and innovation.