Overview
- The coalition filed in federal court in Boston to challenge the Sept. 19 proclamation requiring a $100,000 payment for new H‑1B petitions filed after Sept. 21, including entries for the 2026 lottery.
- Plaintiffs contend the charge lacks congressional authorization, violates the Administrative Procedure Act’s notice‑and‑comment requirements, and could be selectively enforced by DHS.
- California, Massachusetts, New York, Washington and Arizona are among the 20 states, which warn the fee would burden public employers, universities and hospitals already facing staffing gaps.
- The White House defends the move as lawful and aimed at curbing program abuse and putting American workers first, and Vice President JD Vance urged companies to hire domestically.
- Separate suits by the U.S. Chamber of Commerce and other groups are pending, and industry analyses say the fee would especially hit IT staffing firms such as TCS, Infosys and Cognizant and is likely to push more hiring offshore.