California and Massachusetts to Challenge New $100,000 H-1B Application Fee

By Patricia Miller

Dec 12, 2025

1 min read

California and Massachusetts plan to sue over a $100K H-1B visa application fee, claiming it unlawfully burdens employers.

#What Are the Implications of the $100,000 H-1B Visa Application Fee?

California and Massachusetts are preparing to challenge the Trump administration's recently announced $100,000 fee for H-1B visa applications. This lawsuit, expected to be filed soon, asserts that the fee imposes an unlawful burden on employers and was enacted without adhering to necessary legal procedures.

The H-1B visa program enables U.S.-based employers to hire skilled foreign workers in specialized areas. The recent change to the application fee, introduced as part of a broader overhaul of the program, comes amid claims that the system had been misused to the detriment of American workers.

This upcoming legal action represents the first instance of states formally contesting the fee, following prior lawsuits lodged by the U.S. Chamber of Commerce alongside a group of labor unions and staffing agencies, which are still progressing through the legal system. If successful, this challenge could impact how the H-1B visa program is administered and alleviate financial pressures on employers seeking to fill critical positions.

Overall, these developments signify heightened scrutiny of federal immigration policies and their economic implications, urging employers and stakeholders to stay informed about the potential outcomes of this litigation.

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