California AG Joins 19 States to Sue Trump Administration Over $100,000 H‑1B Visa Fee

California Attorney General Rob Bonta joined 19 other attorneys general in suing the Trump administration after the U.S. began imposing a $100,000 fee on new H‑1B visa applications.

The lawsuit

The action, filed in federal court in Massachusetts, marks California’s 49th lawsuit against the Trump administration this year. Bonta and the other 19 Democratic attorneys general allege that the fee, introduced in September, was imposed without congressional authorization and without the required notice‑and‑comment process.

The fee and its legality

“This massive fee exceeded the Department of Homeland Security’s authority,” Bonta said in a news conference Friday, adding that the Trump administration does not have the power or legal authority to “rewrite immigration law.” The states argue that the fee was enacted unilaterally and bypassed statutory limits on DHS authority.

Impact on California’s workforce

Bonta said the $100,000 visa fee is devastating to California amid labor shortages in education, health care, and other sectors. According to the California Department of Justice, nearly 17,000 people worked in medicine and health with H‑1B visas in the 2024 fiscal year, half of them physicians and surgeons. “If hospitals and clinics must either pay an extra $100,000 per doctor to leave positions unfilled, the consequences are clear: fewer providers, longer wait times, reduced access to care and growing health disparities,” Bonta said.

National implications

The lawsuit also highlights the broader national debate over H‑1B visa policy. The Trump administration and its supporters, including President Trump’s “Make America Great Again” backers, have accused tech companies—most of which are headquartered in California—of abusing the system to seek cheaper hires. The White House said the new fee was intended to “protect American jobs.” Prior to the fee, an employer filing an initial H‑1B petition would pay between $960 and $7,595 in regulatory and statutory fees.

Legal context and next steps

Bonta noted that the lawsuit is the 49th suit filed by California against the Trump administration this year, underscoring the state’s commitment to challenging what it views as unconstitutional actions. The case will be heard in federal court in Massachusetts, where the plaintiffs seek to have the fee declared unlawful and to prevent its continued enforcement.

Other states and legal context

The 20 states, all led by Democratic attorneys general, collectively argue that the fee violates both the Immigration and Nationality Act and the Administrative Procedure Act. They contend that the fee was implemented without the required congressional oversight and without the notice‑and‑comment process mandated by federal law.

Key Takeaways

• California AG Rob Bonta joins 19 other states in suing over a $100,000 H‑1B visa fee.
• The fee is alleged to exceed DHS authority and bypass required legal procedures.
• California estimates a 17,000‑person workforce in medicine and health could be impacted, with a projected national shortfall of 86,000 physicians in 10 years.

The lawsuit underscores a growing clash between state attorneys general and the federal administration over immigration policy and the limits of executive power. As the case proceeds, the outcome could reshape the H‑1B visa landscape and set a precedent for future disputes over federal authority.