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Trump's $100,000 H-1B visa fee draws legal challenge from California, other states

The H-1B program allows U.S. employers to hire foreign workers in specialty fields. The tech industry, with many companies headquartered in California, is particularly reliant on workers who receive the visas.

A U.S. flag and a U.S. H-1B Visa application form are seen in this illustration taken, September 22, 2025. / REUTERS/Dado Ruvic/Illustration

California and other U.S. states will file a lawsuit on Dec. 12 seeking to block President Donald Trump's $100,000 fee on new H-1B visas for highly-skilled foreign workers, California Attorney General Rob Bonta's office said. 

The lawsuit will be at least the third to challenge the fee announced by Trump in September, which dramatically raises the cost of obtaining H-1B visas. Currently, employers typically pay between $2,000 and $5,000 in fees.

Also Read: Stranded H-1B worker asks peers to halt applications

Bonta's office in a release said Trump lacks the power to impose the fee and that it violates federal law, which allows immigration authorities to only collect fees necessary to cover the cost of administering visa programs.

The H-1B program allows U.S. employers to hire foreign workers in specialty fields. The tech industry, with many companies headquartered in California, is particularly reliant on workers who receive the visas. 

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