California Attorney General Rob Bonta has joined a multistate amicus brief supporting the plaintiffs in Chamber of Commerce of the United States of America v. United States Department of Homeland Security. The case challenges a Trump Administration policy that imposes a $100,000 fee on new H-1B visa petitions.
H-1B visas allow U.S. employers to hire foreign workers with specialized skills for roles such as physicians, researchers, and nurses, which help address labor shortages across the country. The newly imposed fee is seen as a significant obstacle for employers, particularly in the public sector and government, who are seeking to fill these critical positions.
In their brief to the U.S Court of Appeals for the District of Columbia Circuit, attorneys general argue that this policy could make it more difficult to resolve workforce shortages and could negatively impact essential services and the economy.
Attorney General Bonta stated: “The Trump Administration’s unprecedented $100,000 visa fee is an attack on our ability to attract the global talent that keeps our universities, schools, and hospitals running. Let me be clear, the H-1B program does not displace domestic workers. Rather, this program strengthens our economy and ensures communities can access essential services, from healthcare to education. By imposing an unlawful and unnecessary financial burden on public employers, this fee threatens to leave vital positions unfilled, with serious consequences for American patients, students, families, and workers. My office has challenged this fee in court, and we won’t stop fighting to protect California’s workforce and public services.”
The H-1B program enables employers to petition for high-skilled foreign workers in specialty occupations requiring at least a bachelor’s degree. Employers must certify through the U.S. Department of Labor that hiring these workers will not adversely affect wages or working conditions for similarly employed Americans. Congress sets an annual cap on most private employer H-1B visas at 65,000 with an additional 20,000 available for those holding advanced degrees; many government and non-profit research organizations are exempt from this cap.
Congress has adjusted the H-1B program over time to balance labor needs with protections for American workers by increasing enforcement measures and legislating fees to prevent misuse. The program contributes significantly to the U.S., with H-1B workers and their dependents generating $86 billion annually for the economy while paying billions in federal and state taxes.
On September 19, 2025, the Trump Administration implemented a $100,000 fee on new H-1B petitions via documents issued by the Department of Homeland Security. This policy applies to applications filed after September 21, 2025. It also gives broad discretion to determine which petitions are subject or exempt from this fee.
The policy is expected to have wide-ranging effects across states like California by impacting education quality due to teacher shortages—74% of school districts nationwide reported difficulties filling open positions during the 2024–2025 school year—and making it harder for educational institutions reliant on international faculty members who often hold H-1B visas.
Healthcare systems may also be affected since hospitals use H-1B visas to hire doctors and nurses in underserved areas where there are already shortages—about one quarter of Californians live in areas lacking sufficient primary care providers. National projections show shortfalls in both physicians (by 2036) and registered nurses (by 2038). Increased costs could lead some facilities to reduce staff or close altogether.
Attorney General Bonta joined colleagues from Arizona, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island,Vermont,Washingon,and Washington D.C., in filing this amicus brief.
As California’s chief law enforcement authority,the Attorney General’s office oversees legal representation statewide while advancing civil rights initiatives and safeguarding public safety through various programs including consumer protection efforts.