Attorney General Bonta declares victory in battle against Trump’s H-1B visa fees

A Trump-era increase to employer applicant fees for the country’s H-1B visa program to $100,000 is unlawful, a federal judge ruled on Monday.

It was a victory for California Attorney General Rob Bonta, who led a multistate coalition of attorneys general in a December 2025 lawsuit challenging the policy. They argued the increase stymied the program, which allows employers to apply to hire skilled foreign workers.

“This tax was an attack on America’s ability to attract and retain the high-skilled talent that strengthens our economy and helps us meet critical workforce needs,” Bonta said, in a statement released Monday.

The hiked-up fee was a significant increase for employers’ applications. The fees were previously set between $960 and $7,595 per application, according to the complaint filed by the attorneys general.

In his order, U.S. District Judge Leo Sorkin noted that those amounts represented regulatory and statutory fees. The fee imposed by the Trump administration, he wrote, was tantamount to a tax, which may only be levied by Congress.

The policy, enacted in September, was part of President Donald Trump’s efforts to boost the labor market for American citizens. The visa program had been abused by employers to “artificially suppress wages,” the president said in his proclamation.

The lawsuit challenged those claims.

“Congress has repeatedly addressed concerns about misuse of the H-1B program and impact on U.S. workers by enhancing enforcement, increasing penalties, and requiring employers to pay specific fees to hire an H-1B worker,” the attorneys general wrote in their complaint.

The policy could have hit California’s economy harder than others around the country. San Jose and San Francisco are among the top three cities for H-1B petitioners, according to a report by the American Immigration Council.

Monday’s ruling ensures that California employers can continue to recruit foreign employees for roles that require specialized skills, Bonta said. Those positions include nurses, teachers, physicians and researchers.

“California remains open for business, open to talent, and committed to ensuring our communities have essential services — from healthcare to education — that depend on a strong, skilled workforce,” he said.