VOI World/ Desk
Twenty US states have filed a joint lawsuit challenging the Trump administration’s decision to raise the H-1B visa application fee to an unprecedented $100,000, calling the move unlawful and economically damaging. The suits, led by Democratic attorneys-general, argue that the administration exceeded its authority by rewriting immigration rules without congressional approval.
The legal challenge states that federal law does not allow the executive branch to unilaterally impose such a steep fee increase, which previously ranged from roughly $960 to $7,595. Critics say the new fee would severely affect universities, hospitals, research institutions and employers that depend on skilled foreign workers, including physicians, nurses, scientists, and technology professionals.
States argue that the hike violates the Administrative Procedure Act by bypassing proper rule-making processes and threatens labour markets already facing shortages. They add that the fee would make it nearly impossible for institutions to hire global talent, stifling research, innovation and critical services.
The challenge comes amid broader political and economic reactions to Trump’s immigration and trade policies. Several tech companies and business groups have previously warned that sharply higher visa fees would push jobs and investment abroad, particularly to India, where many H-1B professionals originate. The states say the rule disrupts the balance of powers by undermining Congress, which has sole authority to set immigration fee structures.
While the Trump administration has defended the fee increase as part of a stricter immigration framework, the lawsuits emphasise that such sweeping changes cannot be implemented without legislative consent. The coalition is now seeking a federal court ruling to block the rule before it takes effect.
As the case proceeds, employers, legal experts and immigrant communities are watching closely. If upheld, the fee could reshape the economics of skilled migration to the US; if overturned, it may reaffirm congressional control over immigration regulation.
