The attorneys general of 20 states including California and New York sued the Trump administration on Friday over its decision to impose a $100,000 fee on visas for skilled foreign workers.
President Trump signed a proclamation in September imposing the fee. His administration has argued that some employers had abused the program to keep wages low, hurting American workers. The policy took effect Sept. 21.
The states have asked a federal court to declare the policy unlawful and to block its enforcement.
The H-1B visa program allows employers to hire foreign workers with specialized skills for jobs where U.S. workers with similar qualifications cannot be found, mainly in science and technology.
California and Massachusetts were the lead plaintiffs in the suit, which was filed on Friday in the U.S. District Court for the District of Massachusetts. California-based tech companies including Meta, Google and Apple were among the largest employers of H-1B visa holders this year, according to U.S. Citizenship and Immigration Services. Schools and universities also use the program to bring educators and researchers to the United States.
“The $100,000 visa fee is devastating for all states, including California, and threatens the quality of education, health care and other core services available to our residents,” Attorney General Rob Bonta of California said in a statement.
An earlier challenge to the $100,000 fee was filed in October by a group of unions, higher-education professionals and religious organizations, who said that the fee would harm hospitals, churches, schools and small businesses.
The H-1B policy has created a rift among Mr. Trump’s supporters, with his backers in the tech industry on one side and opponents of immigration on the other.
Immigration hard-liners approve of it, saying it would encourage companies to hire American workers. Tech start-ups are among the critics of the new fee, which they say will hurt their ability to fill critical roles and stay competitive. Health care associations have said the fee would exacerbate physician shortages.
Employers apply for the three-year visa on behalf of foreign workers, a process that can be highly competitive because Congress capped the number of H-1Bs issued each year at 85,000. The $100,000 fee has significantly added to the costs for companies that are considering using the program to hire workers, on top of legal fees and other administrative expenses.
The states that have joined California, Massachusetts and New York in the suit include Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New Jersey, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
The Homeland Security, State, Labor and Justice Departments did not immediately respond to requests for comment outside of business hours.
Francesca Regalado is a Times reporter covering breaking news.
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