California Attorney General joins effort opposing $100k H-1B visa petition fee

Rob Bonta, California Attorney General
Rob Bonta, California Attorney General
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California Attorney General Rob Bonta has joined a multistate amicus brief supporting the plaintiffs in Global Nurse Force, et al. v. Trump, which challenges a new $100,000 fee imposed by the Trump Administration on H-1B visa petitions. The H-1B visa program allows U.S. employers to hire highly skilled foreign workers for specialized roles such as physicians, researchers, and nurses to address labor shortages.

The attorneys general are urging the U.S. District Court for the Northern District of California to grant a preliminary injunction blocking the policy. They argue that this fee is contrary to public interest because it would make it more difficult to address workforce shortages, harm the economy, and disrupt essential services.

Attorney General Bonta stated: “The Trump Administration’s $100,000 visa fee imposes unnecessary and unlawful financial burdens on public employers and will leave essential positions in critical sectors unfilled. My office has challenged this fee in court, and today, we’re supporting a related challenge. We won’t stop fighting to protect our world-class universities, schools, and hospitals, which thrive by attracting and retaining skilled talent from around the world.”

The H-1B program requires employers to submit an application certified by the U.S. Department of Labor confirming that hiring an H-1B worker will not negatively affect wages or working conditions for similar U.S. workers. Congress sets an annual cap of 65,000 visas for most private employers with some exemptions for those holding advanced degrees or working at certain research organizations.

On September 19, 2025, the Trump Administration announced the $100,000 fee for new H-1B petitions through documents issued by the U.S. Department of Homeland Security. This policy gives broad discretion to determine which applications are subject to or exempt from this fee.

According to Attorney General Bonta’s office and other states joining in opposition, this fee could worsen staffing shortages in education and healthcare fields across California and nationwide. In particular, many school districts already face difficulty filling open teaching positions—especially in special education and science—and rely on H-1B educators.

Hospitals also depend on foreign-trained medical professionals through the H-1B program due to physician shortages; about one quarter of Californians live in areas lacking adequate primary care providers.

Attorney General Bonta joins attorneys general from Arizona, Colorado, Connecticut, Delaware, Washington D.C., Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina Oregon Rhode Island Vermont Washington Wisconsin.

Rob Bonta leads California’s Attorney General’s office as its chief law enforcement authority overseeing statewide legal representation and consumer protection initiatives according to its official website. The office is part of California’s executive branch with responsibilities including advancing civil rights policies according to state government resources.



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