H-1B Visa Fee

On December 12, 2025, a coalition of 20 attorneys general filed a lawsuit in Massachusetts against the US Department of Homeland Security over its unlawful policy imposing a $100,000 fee on new H-1B visa petitions. H-1B visas allow U.S. employers to hire highly skilled foreign national workers in roles that require specialized skills, including as physicians, researchers, nurses, and other vital workers, to alleviate nationwide labor shortages. The new fee would create a costly barrier for employers, especially public sector, and government employers, trying to fill these positions. We argue that the policy is a clear violation of the law because it imposes a massive fee outside of the bounds of what is authorized by Congress and contrary to Congress’s intent in establishing the H-1B program, bypasses required rulemaking procedures, and exceeds the authority granted to the executive branch under the Administrative Procedure Act (APA).

California, et al v. Noem