California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Joy Campbell led a coalition of 20 state attorneys general in suing Department of Homeland Security (DHS) Secretary Kristi Noem and other administration officials challenging the Trump administration’s imposition of a $100,000 fee on new H-1B visa petitions.

The H-1B visa program allows employers to petition for high-skilled foreign workers to temporarily fill positions in specialty occupations that require at least a bachelor’s degree. In petitioning for an H-1B worker, the employer must submit an application, certified by the U.S. Department of Labor, that employment of the H-1B worker will not negatively affect the wages and working conditions of similarly employed U.S. workers. Congress limits the number of H-1B visas available each year for most private employers, with the current cap set at 65,000, with an exemption of 20,000 for individuals with a master’s degree or higher.

On September 19, 2025, President Trump issued a proclamation ordering an unprecedented $100,000 fee for new H-1B visa petitions, undermining the very purpose of the H-1B visa by making it harder to address severe labor shortages in critical fields such as education and healthcare and ultimately worsening the staffing crisis. The new fee would create a costly barrier for employers, especially public sector and government employers, trying to fill vacant positions.

The attorney general coalition alleges that the policy, which has been implemented by the DHS, is a clear violation of the law because it imposes a massive fee outside of the bounds of what is authorized by Congress and contrary to Congress’s intent in establishing the H-1B program, bypasses required rulemaking procedures, and exceeds the authority granted to the executive branch under the Administrative Procedure Act.

On June 8, 2026, the court determined that the Trump Administration’s policy imposing a $100,000 fee was an unlawful tax imposed on new H-1B visa petitions. The court granted the coalition’s motion for summary judgment and vacated the policy.  

Today’s victory protects the integrity of the H-1B visa program as a tool to address severe labor shortages in vital industries like education, healthcare, and medical research. In Massachusetts, this win will ensure we can fill critical vacancies and hire world-class faculty and researchers at colleges and universities across the Commonwealth. Attorney General Andrea Campbell