Attorney General Matthew J. Platkin announced that New Jersey has joined a coalition of 20 states in filing a lawsuit against the Trump Administration over its policy imposing a $100,000 fee on new H-1B visa petitions. The H-1B visa program enables U.S. employers to hire highly skilled foreign workers for positions requiring specialized skills, including physicians, researchers, nurses, and teachers.
Attorney General Platkin stated, “The Trump Administration’s illegal imposition of an exorbitant $100,000 fee on those seeking H-1B visas would cause significant pain for New Jerseyans, hurting our best-in-the-nation education system, reducing access to critical health care, and setting back cutting-edge medical and scientific research. Because of this senseless and unlawful policy, our residents would see longer wait times in emergency rooms, lengthy delays for medical appointments, and more crowded classrooms. There is no rational or legal basis for this unlawful change, and we look forward to blocking this unlawful policy in court.”
President Trump issued a proclamation on September 19, 2025 that ordered the new fee for all H-1B visa petitions filed after September 21 of that year. The lawsuit alleges that the fee violates federal law because it exceeds what Congress authorized when establishing the H-1B program and was implemented without following required rulemaking procedures under the Administrative Procedure Act (APA).
The complaint argues that fees related to H-1B visas have traditionally been set by the Department of Homeland Security through a notice-and-comment process as mandated by Congress. Historically, these fees have ranged from $960 to $7,595 per petition—much lower than the newly imposed amount.
H-1B visas are used by employers to temporarily fill positions in specialty occupations requiring at least a bachelor’s degree. Employers must show that hiring an H-1B worker will not negatively impact wages or working conditions for U.S. workers. Each year there is a cap of 65,000 visas available for most private employers with an additional exemption for 20,000 individuals holding advanced degrees.
New Jersey relies heavily on H-1B workers to address shortages in education and healthcare sectors. In fiscal year 2025 alone, New Jersey had the fourth-highest number of approvals nationwide for initial employment through H-1B petitions (7,729). Twenty K–12 school systems in New Jersey received approvals in 2025 to help address teacher shortages caused by increased class sizes and overburdened staff. The state also uses these visas to address shortages among primary care doctors and nurses; nine medical residency programs sponsor such workers locally.
Nearly one-third of New Jersey’s healthcare workforce consists of immigrants—many employed through the H-1B program.
California and Massachusetts are leading the lawsuit along with New Jersey and other participating states: Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, Nevada, North Carolina, New York, Oregon, Rhode Island, Vermont, Washington State and Wisconsin.
