Attorney General Phil Weiser sues Trump administration over unlawful new $100k fee for H-1B visas

Attorney General Phil Weiser sues Trump administration over unlawful new $100k fee for H-1B visas

Dec. 12, 2025 (DENVER) - Attorney General Phil Weiser today joined a coalition of 19 states in suing the Trump administration over its unlawful policy imposing a $100,000 fee on new H-1B visa petitions.

The federal H-1B visa program allows U.S. employers to petition the federal government to hire highly skilled foreign national workers in roles that require specialized skills, including as physicians, researchers, nurses, and other vital workers, to alleviate nationwide labor shortages. Congress limits the number of H-1B visas available each year for most employers, with the current cap set at 65,000, with an exemption of 20,000 for individuals with a master's degree or higher.

Since its inception, the H-1B visa program has been continually tailored by Congress to carry out its purpose of meeting employers' labor needs, while protecting the interests of American workers to ensure that they are not wrongfully displaced. Typically, an employer filing an initial H-1B petition would expect to pay between $960 to $7,595 in regulatory and statutory fees.

But on Sept. 19, President Trump issued a proclamation ordering an unprecedented $100,000 fee for new H-1B visa petitions. As implemented by U.S. Department of Homeland Security through a series of written documents, the policy affects any application filed after Sept. 21 and grants the secretary of homeland security broad discretion to determine which petitions are subject to the fee or for an exemption, raising concerns that the enforcement could be applied selectively against employers disfavored by the Trump administration.

Attorney General Weiser said the new fee would create a costly barrier for employers, especially Colorado state universities and colleges, trying to fill these positions.

"The unlawful $100,000 H-1B visa fee is devastating for Colorado, and threatens the quality of education, healthcare, and other core services available to our residents. Our state universities and colleges employ H-1B personnel to support their research and education missions. They are incapable of absorbing an additional $100,000 for each H-1B hire, and that is why we are fighting to defend education and ground-breaking research in Colorado," said Attorney General Weiser.

In the lawsuit, Attorney General Weiser and the coalition allege that the policy is a clear violation of the law because it imposes a massive fee outside of the bounds of what is authorized by Congress. The fee is also contrary to Congress's intent in establishing the H-1B program, bypasses required rulemaking procedures, and exceeds the authority granted to the executive branch under the Administrative Procedure Act, according to the lawsuit.

California Attorney General Rob Bonta and Massachusetts Attorney General Andrea Campbell are leading the lawsuit and are joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, North Carolina, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin in filing the lawsuit.

A copy of the lawsuit will be available on https://www.coag.gov/defending-colorado after it is filed with the court.

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