James Sues Trump Admin Over $100K H-1B Visa Fee

NEW YORK – New York Attorney General Letitia James today slammed the Trump administration with a lawsuit, alleging a blatant attempt to cripple the H-1B visa program with a crippling $100,000 fee on all new applications. The move, announced in September, represents a massive hike from the historically modest fees associated with the visa – typically just several thousand dollars – and threatens to choke off access for essential employers relying on skilled immigrant workers.

The lawsuit, filed in the United States District Court for the District of Massachusetts, joins 18 other Attorneys General in arguing the fee is unlawful and violates the Administrative Procedure Act. At stake are critical services across the nation, from healthcare and education to technology and research, all dependent on the talent brought in through the H-1B program. New York alone is home to over 13,000 H-1B recipients working in key sectors.

“This isn’t about immigration policy, it’s about sabotage,” Attorney General James stated bluntly. “The administration’s illegal attempt to ruin this program will make it harder for New Yorkers to get health care, disrupt our children’s education, and actively hurt our economy. We’re talking about doctors, nurses, teachers – people providing essential services. This fee is designed to shut them out.”

The H-1B program, established in the 1990s, allows employers to petition for skilled workers in “specialty occupations” for up to six years, filling critical labor shortages. But the new fee threatens to make the program inaccessible to government and non-profit employers, particularly those serving vulnerable communities. In New York’s 16 rural counties, the physician-to-population ratio is already a dismal four per 10,000. With hospitals anticipating a nursing shortage of 40,000 by 2030, a further reduction in H-1B workers would be catastrophic.

The impact extends beyond healthcare. The lawsuit highlights the critical role H-1B visa holders play in education, with at least 930 colleges and universities nationwide employing staff on the program, including 693 at the State University of New York (SUNY). Limiting access to this talent pool will lead to overcrowded classrooms and diminished research capabilities. The American Medical Association estimates the U.S. will face a shortage of 86,000 physicians by 2036 – a gap H-1B workers are vital to filling.

Attorney General James and the coalition argue the fee isn’t just excessive; it’s a deliberate attempt to dismantle a program that has served the nation for decades. The lawsuit seeks to block the implementation of the fee and restore the H-1B program to its intended purpose: attracting skilled workers to address critical needs and bolster the American economy. The fight is on, and James vows to continue challenging what she calls a “chaos and cruelty” targeting immigrant communities.

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