22 US Attorneys General Oppose H-1B Visa Fee

A group of 22 US attorneys general has spoken out against a Trump administration plan to charge over $103,000 for certain H-1B visa applications. They argue the fee is illegal and would make it harder to fill shortages in teaching, healthcare, and other essential jobs. The H-1B program allows US companies to hire foreign workers with specialized skills.

The attorneys general say the proposed fee will hurt states’ ability to attract skilled professionals. They pointed to ongoing shortages in education, healthcare, and other critical areas. Virginia Attorney General Jay Jones joined the effort by submitting a formal comment asking USCIS to cancel the plan.

The coalition includes attorneys general from California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Washington, Wisconsin, and the District of Columbia.

The attorneys general argue the government has not shown why this fee is necessary or proven it would not harm states. They also say USCIS did not consider less harmful options before proposing the rule. They claim the executive branch needs Congress’s approval to impose such a fee.

The proposed rule was announced on August 25 and would apply to employers not exempt from the annual H-1B visa cap. The fee of $103,265 would apply to these petitions. The H-1B program is vital for US companies looking to hire foreign workers in specialized fields requiring at least a bachelor’s degree or equivalent experience.