20 states have joined together to file a lawsuit against the Trump Administration over the new $100,000 H-1B visa fee. Published in the Federal Register on September 19, the $100k fee was a massive increase of the H-1B fees which have historically ranged from $960 to $7595.
On Friday, a coalition of 20 states led by California Attorney General (AG) Rob Bonta and Massachusetts AG Andrea Campbell filed a lawsuit challenging the new fee, arguing that the proclamation violates the US Constitution and the Administrative Procedure Act (APA). The APA, established in 1946, governs how agencies can create and enforce new regulations. The process has 4 major points: 1) a proposed rule published in the Federal Register, 2) 30-60 days for public comments, 3) review of timely and relevant public comments, and 4) publication of the final rule.
Friday’s lawsuit argues that DHS did not follow the “notice-and-comment process” (steps 2 and 3) and failed to consider the impacts of such a drastic fee adjustment for the H-1B visa. The new fee raises a significant financial barrier and, if implemented, would limit the entry of many essential workers into the United States.
In a recent press conference, AG Bonta highlighted the thousands of H-1B visas that are approved for educators and healthcare workers, specifically. Losing these workers, he notes, would “threaten the quality of education, healthcare, and other core services available to our residents.”
North Carolina is one of the states which has joined the lawsuit, alongside Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
We will monitor the lawsuit as it unfolds and will keep you informed with updates.