Is the fee of $1 lakh on H-1B visa illegal? 20 states including New York sued Trump

Last Updated:December 13, 2025, 10:22 IST

Donald Trump H-1B Visa: 20 states of America have filed a lawsuit against Donald Trump administration’s $1 lakh H-1B visa fee. States say that this decision is illegal and will create a huge staff crisis in the education and health sectors. Donald Trump administration had increased the fee on H-1 visa holders by 1 lakh dollars.

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20 states of America have reached court against Trump’s H-1B visa.

Washington: Voices have started being raised against another decision of US President Donald Trump. Trump had imposed a fee of $100,000 on H-1B visa holders. Now a new political and legal conflict is visible in the country regarding this. 20 out of 50 states have jointly approached the court against the imposition of huge fees on H-1B visas. These states say that this decision is not only illegal, but it will badly affect important sectors like education and health. Earlier, the US Chamber of Commerce had also filed a case. At the same time, MPs have also presented a proposal against the tariff imposed on India.

What is the logic of states on H-1B visa?

This lawsuit has been filed under the leadership of California Attorney General Rob Bonta. The states allege that the Homeland Security Department took a decision beyond its jurisdiction by imposing this fee on September 19. According to him, Congress never allowed the President to impose such a heavy fee, the purpose of which was to weaken the H-1B visa system. Rob Bonta clearly said that Congress has set limits, set fees and made rules for the H-1B program, but never allowed the imposition of a penalty like $1 lakh.

What is the harm due to increase in fees on H-1B visa?

Rob Bonta clearly said that this step will directly harm schools, hospitals and universities. This is because a large number of H-1B visa holders work here. California expressed particular concern that this decision would deepen the already ongoing labor shortage. America is already facing a huge shortage of doctors and teachers. According to statistics, about 30 thousand teachers and 17 thousand healthcare professionals are working in America on H-1B visa. The shortage of doctors is expected to reach 86 thousand in the coming years.

How much are the fees being charged now?

US states say that at present the fee for H-1B visa ranges from $ 960 (₹ 86,930) to about $ 7,600 (₹ 6,88,198), but increasing it directly to $ 1 lakh (₹ 9000000) is not practical in any way. This will not only drive away foreign talent, but will also affect the essential services provided to American citizens.

What is the allegation against the Trump administration?

It has also been alleged in this lawsuit that the Trump administration did not follow the necessary rule-making process and this decision is a violation of the US Constitution and administrative law. Bonta said that since January, California alone has filed 49 lawsuits against the Trump administration.