Overview
- Filed Friday in Massachusetts federal court, the suit led by California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell argues the six-figure fee violates the Administrative Procedure Act and exceeds powers granted by Congress.
- The fee stems from a Sept. 19 proclamation and, as implemented by DHS, applies to petitions filed after Sept. 21 with the White House clarifying it covers only new applicants outside the U.S., whereas employers previously typically paid a few thousand dollars.
- State officials and public-sector employers warn the cost would strain schools, universities and hospitals, citing tens of thousands of H-1B educators and nearly 17,000 recent health care H-1B visas that help address persistent staffing shortages.
- The White House defends the policy as lawful and intended to curb abuse of the program and protect U.S. workers, calling the fee a measured step toward reforms.
- This marks at least the third legal challenge to the fee, joining lawsuits by the U.S. Chamber of Commerce and a coalition of unions and employers, with a hearing in the Chamber’s case set next week in Washington, D.C.