19 States Sue Trump Over Proposed $100K H-1B Visa Fee—What Visa Holders Need to Know Now

Major H-1B Lawsuits Filed: What’s Happening Right Now

Nineteen states filed federal lawsuits on December 12, 2025, challenging President Trump’s $100,000 H-1B visa fee as illegal. Led by California Attorney General Rob Bonta and Massachusetts AG Andrea Joy Campbell, the coalition argues the fee violates the Administrative Procedure Act and exceeds presidential authority.

Two separate lawsuits are attacking the fee: one by the state coalition filed in Massachusetts federal court, and another by the U.S. Chamber of Commerce and Association of American Universities filed in D.C. federal court.

The fee applies to new H-1B petitions filed after September 21, 2025. If you’re stuck in processing delays or facing wrongful denial, you can file your own mandamus lawsuit to force USCIS to act—most cases resolve within 60-180 days.

The $100,000 H-1B Fee: What It Is and Who It Affects

President Trump announced the fee on September 19, 2025, claiming the H-1B program is “overused.” The policy took effect just 36 hours later on September 21, throwing employers and visa holders into chaos.

Who Pays:

• Employers filing new H-1B petitions after September 21, 2025
• $100,000 per petition (not per person, but per filing)
• Payment required before filing with USCIS through pay.gov

Who’s Exempt:

• Petitions filed before September 21, 2025
• H-1B renewals and extensions
• Change of status for people already in the U.S. on H-1B
• Previously issued, currently valid H-1B visas
• Vague “national interest” exemptions (no clear standards)

Impact on Workers: Nearly 30,000 educators hold H-1B visas. About 17,000 H-1B visas went to medical workers in 2024—half of them doctors and surgeons. Without H-1B physicians, the U.S. faces a projected shortfall of 86,000 physicians by 2036.

California issued 21,600 H-1B visas in fiscal year 2024—almost twice as many as Texas, the next state. The Bay Area is home to 80% of California’s H-1B holders, typically earning over $150,000 at major tech companies.

State Coalition Lawsuit: Case Details and Legal Arguments

Filed: December 12, 2025

Court: U.S. District Court for the District of Massachusetts

Plaintiffs: 19 states led by California AG Rob Bonta, Massachusetts AG Andrea Joy Campbell, New York AG Letitia James

Full Coalition: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin

Legal Claims:

• Violates Administrative Procedure Act by bypassing required rulemaking
• Exceeds congressional authorization for H-1B fees
• Violates U.S. Constitution by overriding Congress’s authority over immigration
• Fee amount set arbitrarily without justification
• Creates illegal barrier to vital public services

What States Argue: “No presidential administration can rewrite immigration law. No president can destabilize our schools, our hospitals and universities on a whim, and no president can ignore the co-equal branch of government, of Congress, ignore the Constitution or ignore the law.” —California AG Rob Bonta

Specific Harms Cited:

• University of Connecticut: 133 employees on H-1B visas, cannot afford $100K fee for new hires
• Connecticut State College system: 36 current H-1B employees, 4 pending requests blocked by fee
• UConn Health: 58 H-1B employees
• Connecticut Dept. of Mental Health: Three psychiatrist candidates on hold due to fee

What They Want: Court order blocking the $100,000 fee as illegal and unconstitutional.

Chamber of Commerce Lawsuit: Business Coalition Challenge

Filed: October 2025

Court: U.S. District Court for the District of Columbia

Plaintiffs: U.S. Chamber of Commerce, Association of American Universities (AAU)

Motion Filed: October 24, 2025—requesting court stop enforcement while lawsuit is pending or vacate the proclamation entirely

Government Response Due: November 28, 2025

Court Decision Expected: Any time after December 8, 2025

Legal Arguments:

• President lacks authority to create new H-1B requirements
• Only Congress can set fees for immigration programs it established
• Fee not permitted under presidential authority to restrict entry
• Unlawful delegation of discretion for “national interest” exemptions
• Hurts businesses, universities, hospitals, and economy

What Business Coalition Says: The proclamation invites chaos and favoritism through vague “national interest” exemptions with no clear standards, opening the door to arbitrary, pay-to-play decisions.

Global Nurse Force Lawsuit: Healthcare Workers Fight Back

Filed: October 3, 2025

Court: U.S. District Court for the Northern District of California

Case Name: Global Nurse Force et al. v. Trump et al.

Plaintiffs: Coalition of labor unions, healthcare providers, schools, faith groups, individual workers

Legal Representation: Democracy Forward, Justice Action Center, South Asian American Justice Collaborative (SAAJCO), Kuck Baxter LLC, Joseph & Hall P.C., IMMpact Litigation

Status: Active litigation; USCIS issued guidance October 20, 2025 walking back some extreme provisions but not rescinding the proclamation

What They’re Fighting: The lawsuit calls the policy an “Innovation Ban” that defies Congress, invites chaos and favoritism, and hurts communities nationwide.

Real-World Impact:

• Rural hospitals warn they’ll lose needed doctors and nurses
• Schools say the fee exceeds many teacher salaries
• Nonprofits and research institutions can’t absorb costs
• Faith groups will lose pastors
• Entire industries risk losing key innovators

Relief Requested: Immediately block the proclamation, restore predictability for employers and workers, protect communities from losing vital professionals.

Can You Sue USCIS for H-1B Delays? Yes—Here’s How

If your H-1B application is stuck in processing hell, you can file a mandamus lawsuit to force USCIS to make a decision. This doesn’t guarantee approval, but it forces them to act.

What Is Mandamus? A federal lawsuit asking a judge to order USCIS to do its job and process your application. It compels action but doesn’t guarantee a favorable outcome—USCIS can still deny your petition.

When You Can File:

• Your case is delayed beyond normal processing times
• You’ve exhausted administrative remedies (filed service requests, contacted ombudsman, tried congressional inquiry)
• The delay causes tangible harm (can’t work, losing status, family separation)

Success Rates: Immigration attorneys report over 90% of mandamus cases result in USCIS reversing course or adjudicating the petition within 2-4 months. Many cases settle before trial—government attorneys often pressure USCIS to act rather than fight the lawsuit.

Timeline:

• File lawsuit in federal court
• Government has 60 days to respond (usually requests 30+ day extension)
• Most cases resolve within 60-180 days from filing
• If going to trial, decision on motions takes 4-8 months

What You Must Prove:

• USCIS has clear legal duty to adjudicate your petition
• The delay is unreasonable under law
• You’ve tried other remedies first
• The delay causes you harm

Attorney Fees: If you win and the court finds the government’s position was “not substantially justified,” the court can order USCIS to pay your legal fees.

H-1B Denial Challenges: Federal Litigation vs. Appeals

If USCIS denied your H-1B, you have options. Federal litigation often works better than administrative appeals.

Option 1: USCIS Motion to Reopen/Reconsider

• File with USCIS asking them to reverse their decision
• USCIS reviews its own denial
• Can take 6+ months
• Low success rate—same office that denied you reviews it

Option 2: Administrative Appeals Office (AAO)

• Appeal to USCIS’s internal appeals board
• Takes 12-18+ months
• USCIS can raise new denial grounds not in original decision
• Still internal USCIS review

Option 3: Federal Lawsuit (Best Option)

• File in federal court under Administrative Procedure Act
• Independent federal judge reviews case
• Court limited to original denial grounds—no new issues allowed
• Resolves in 2-4 months in over 90% of cases
• Higher success rate
• Fairer review process

When Federal Litigation Works:

• Denial was arbitrary or capricious
• USCIS misapplied the law
• Decision based on incorrect facts
• USCIS exceeded its authority

H-4 Spouse Work Authorization: Supreme Court Victory

H-1B spouses won a major victory when the Supreme Court declined to hear Save Jobs USA v. DHS on October 27, 2025.

What This Means: The D.C. Circuit’s ruling upholding work authorization for H-4 spouses of H-1B holders remains in place. The legal challenge is over.

Who Benefits: H-4 visa holders—spouses of H-1B workers who are pursuing permanent residency—can continue getting work authorization. Over 258,000 H-4 holders have received work permits since the rule was enacted in 2015.

The Rule: Created by Obama administration in 2015, allows H-4 spouses to work while their H-1B partner pursues a green card. DHS estimated 180,000 would benefit in the first year, 55,000 annually after.

What Was Challenged: Save Jobs USA (representing American tech workers) argued DHS overstepped its authority. They hoped the Supreme Court would revisit the issue after Loper Bright eliminated Chevron deference, but the justices left the D.C. Circuit decision standing.

Current Status: Trump administration is expected to maintain the policy for now, though a future government could attempt to roll it back through new rulemaking.

Types of H-1B Lawsuits You Should Know About

1. Processing Delay Mandamus Actions Individual lawsuits forcing USCIS to adjudicate stuck petitions. Can be filed for any H-1B application delayed beyond normal processing times.

2. Wrongful Denial Challenges Federal lawsuits under APA challenging arbitrary or capricious H-1B denials. Higher success rate than administrative appeals.

3. Policy Challenges (Like $100K Fee) Lawsuits challenging USCIS or presidential policies affecting H-1B program. Usually filed by states, business groups, or advocacy organizations.

4. Employer Violation Cases Workers suing employers for H-1B violations like wage theft, failing to pay required salary, forcing employees to pay H-1B fees (illegal), or terminating workers without notice.

5. Lottery System Challenges Lawsuits challenging H-1B lottery procedures, typically claiming USCIS violated regulations or applied lottery unfairly.

6. Labor Condition Application (LCA) Disputes Challenges to Department of Labor determinations on wages, working conditions, or employer compliance with LCA requirements.

Legal Rights Every H-1B Holder Should Know

You Have the Right To:

• Sue USCIS for unreasonable processing delays
• Challenge wrongful denials in federal court
• Receive the wage stated in your Labor Condition Application
• Work only for your sponsoring employer (unless you have EAD)
• Change employers through H-1B transfer (if new employer files new petition)
• Travel in and out of U.S. with valid H-1B visa
• Bring spouse and children on H-4 visas
• Apply for green card while on H-1B

Your Employer Cannot:

• Make you pay H-1B filing fees or government costs (employer must pay)
• Pay you less than the wage on your LCA
• Terminate you without paying return transportation to home country
• Require you to sign contracts waiving your labor rights
• Retaliate against you for asserting your rights

If Your Employer Violates Rules: File complaint with Department of Labor Wage and Hour Division. You can also sue employer directly for wage violations, unpaid wages, or breach of contract.

Attorney Fee Recovery: If you win a mandamus case and the court finds the government’s position was not substantially justified, you can recover legal fees.

What the $100K Fee Means for Current H-1B Holders

If You Already Have H-1B: You’re fine. The fee doesn’t apply to renewals, extensions, or current visa holders traveling in and out of the U.S.

If You’re Changing Employers: Your new employer must pay the $100,000 fee for a new H-1B petition filed after September 21, 2025—unless they qualify for an exemption.

If You’re Extending Status: No fee required for extension of stay with your current employer.

If You’re Switching from Another Status: If you’re in the U.S. on another visa (F-1, L-1, etc.) and applying for change of status to H-1B, the fee applies to new petitions filed after September 21, 2025.

If Lawsuits Succeed: Court could block the fee entirely, making it unenforceable. Expedited briefing schedule suggests decisions could come soon.

Uncertainty: “Our communities cannot plan around uncertainty, nor can we allow life-saving care, student learning, and scientific research to be held hostage to shifting, arbitrary rules,” said plaintiffs in the Global Nurse Force lawsuit.

How to Determine If You Should File a Lawsuit

Consider Mandamus If:

• Your H-1B petition pending more than 6 months beyond normal processing time
• USCIS won’t respond to service requests
• You’re losing work authorization or facing status loss
• Delay causing family separation or financial hardship
• You’ve tried ombudsman and congressional inquiry without results

Consider Federal Litigation for Denial If:

• USCIS denial was arbitrary or based on misapplication of law
• Facts don’t support denial
• You have strong evidence denial was wrong
• Administrative appeal would take too long
• You need faster resolution (2-4 months vs. 12-18+ months)

Don’t File If:

• Delay is within normal processing times
• You haven’t exhausted administrative remedies yet
• Denial was legitimate and based on correct application of law
• You’re missing required documentation or qualifications

Cost Considerations: Mandamus lawsuits typically cost $5,000-$15,000 in legal fees. If you win and court finds government’s position unjustified, you can recover fees.

Where H-1B Lawsuits Are Filed

Common Jurisdictions:

• District Court where you live (if in U.S.)
• U.S. District Court for District of Columbia (but DC judges have been less friendly to immigration mandamus cases lately)
• Northern District of California (favorable jurisdiction for immigration cases)
• District of Massachusetts (where state coalition filed $100K fee challenge)

Avoid DC If Possible: DC Circuit has unfriendly precedent for mandamus cases. DC District Court judges handle so many immigration cases that they’re less sympathetic to delays.

Strategic Choice: Your attorney will pick jurisdiction based on where you live, favorable precedents, and judge assignment system.

What to Do Right Now

If You’re an H-1B Holder:

• Monitor lawsuit developments—court decisions could come within weeks
• Keep copies of all H-1B documents (approval notices, visa, I-94, LCA)
• Track your case status on USCIS website
• If delayed beyond normal processing times, consider mandamus

If You’re Applying for H-1B:

• Understand your employer must pay $100,000 fee for new petitions (unless lawsuits succeed)
• Ask employer about “national interest” exemption eligibility
• Consider timing—file before any court decisions if possible
• Work with immigration attorney to ensure proper filing

If Your Petition Was Denied:

• Don’t wait—federal litigation is faster than appeals
• Consult attorney within days of denial
• Gather all documentation supporting your case
• Consider federal lawsuit over administrative appeal

If You Face Processing Delays:

• File USCIS service request after normal processing time passes
• Contact ombudsman if service request doesn’t work
• Try congressional inquiry
• If still no resolution after 30+ days, consult attorney about mandamus

If Your Employer Violates Your Rights:

• Document everything—pay stubs, employment contracts, communications
• File complaint with Department of Labor
• Consult employment attorney about wage claims
• You can’t be deported for asserting your labor rights

Frequently Asked Questions

When will courts decide on the $100,000 H-1B fee lawsuits?

The Chamber of Commerce case set a government response deadline of November 28, 2025, with potential court decision any time after December 8. The state coalition case filed December 12, 2025 will follow a similar timeline—expect decisions within weeks to months.

Can I still get an H-1B without paying the $100,000 fee?

Only if: (1) courts block the fee as illegal, (2) your petition was filed before September 21, 2025, (3) you’re renewing/extending current H-1B, or (4) your employer gets a vague “national interest” exemption. New petitions filed after September 21 require the fee unless courts intervene.

How long does a mandamus lawsuit take to get results?

Most mandamus cases resolve within 60-180 days. Over 90% settle before trial, with government adjudicating the petition within 2-4 months after filing the lawsuit rather than fighting in court.

Will USCIS deny my petition if I sue them for delays?

No. Federal law protects your right to sue. USCIS cannot retaliate by denying your petition because you filed a mandamus lawsuit. Courts review denials independently to ensure they’re based on law, not retaliation.

Can I recover attorney fees if I win an H-1B lawsuit?

Yes. If you win a mandamus case and the court finds the government’s position was “not substantially justified,” the court can order the government to pay your attorney fees under the Equal Access to Justice Act.

Do I need a lawyer to file an H-1B mandamus lawsuit?

Practically, yes. Federal litigation requires proper legal procedure, understanding of Administrative Procedure Act, knowledge of jurisdiction, and ability to negotiate with government attorneys. DIY mandamus lawsuits rarely succeed.

What happens to H-4 work permits if the $100K fee stands?

H-4 work authorization is separate from the $100,000 fee. The Supreme Court upheld H-4 work permits in October 2025, so H-4 spouses can still work. However, if the fee makes H-1B unaffordable, fewer families will come to or stay in the U.S.

Can states really block a presidential proclamation on immigration?

Yes, if courts find the proclamation violates federal law or the Constitution. States have successfully challenged numerous Trump immigration policies. Here, states argue Trump exceeded his authority—only Congress can set H-1B fees. Courts will decide if that’s correct.

Is the H-1B lottery system legal?

Current lottery system has survived legal challenges. The 2024 beneficiary-based selection (one entry per person instead of multiple entries per person) was upheld. Future challenges are possible, but current lottery system is legal.

What should I do if my employer won’t pay the $100,000 fee?

Employers legally must pay all H-1B fees—they cannot make you pay. If your employer refuses to pay the fee and won’t sponsor your H-1B, you’ll need to find another employer willing to pay. If employer makes you pay, that’s illegal—report to Department of Labor.

Key Resources:

State Coalition Lawsuit: U.S. District Court for the District of Massachusetts Filed: December 12, 2025 Led by California AG Rob Bonta, Massachusetts AG Andrea Joy Campbell

Chamber of Commerce Lawsuit: U.S. District Court for the District of Columbia
Filed: October 2025 Plaintiffs: U.S. Chamber of Commerce, Association of American Universities

Global Nurse Force Lawsuit: U.S. District Court for the Northern District of California Case: Global Nurse Force et al. v. Trump et al. Filed: October 3, 2025

USCIS Official H-1B Information: www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

Department of Labor Wage Complaints: www.dol.gov/agencies/whd Phone: 1-866-487-9243

USCIS Ombudsman:https://www.dhs.gov/cis-ombudsman

H-1B litigation is rapidly evolving. Multiple federal lawsuits challenging the $100,000 fee are pending with decisions expected soon. This article reflects developments through December 13, 2025. Check federal court filings for latest updates.

Last Updated: December 13, 2025

About the Author

Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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