California Attorney General Rob Bonta has joined a multistate amicus brief supporting plaintiffs in Global Nurse Force, et al. v. Trump, which challenges the Trump Administration’s policy imposing a $100,000 fee on new H-1B visa petitions. The H-1B visa program allows U.S. employers to hire skilled foreign workers for specialized roles, including positions in healthcare and education that are experiencing labor shortages.
Attorney General Bonta stated, “The Trump Administration’s $100,000 visa fee imposes unnecessary and unlawful financial burdens on public employers and will leave essential positions in critical sectors unfilled. My office has challenged this fee in court, and today, we’re supporting a related challenge. We won’t stop fighting to protect our world-class universities, schools, and hospitals, which thrive by attracting and retaining skilled talent from around the world.”
The H-1B program requires employers to submit certified applications showing that hiring foreign workers will not negatively impact U.S. employees’ wages or working conditions. Congress limits the number of visas available each year but exempts many government and non-profit organizations from these caps so they can fulfill public service missions.
Since its creation, Congress has refined the H-1B program to balance employer needs with protections for American workers. The program contributes significantly to the U.S. economy; H-1B workers and their dependents generate an estimated $86 billion annually while paying billions in federal, state, and local taxes.
On September 19, 2025, the Trump Administration introduced a $100,000 fee for new H-1B petitions. This policy affects applications filed after September 21, 2025, granting broad discretion to the Secretary of Homeland Security regarding exemptions from the fee.
According to California officials and others opposing the policy, this fee could worsen staffing shortages in fields like education and healthcare by making it financially unfeasible for public sector employers—such as K-12 schools and hospitals—to fill essential roles. Nearly three-fourths of U.S. school districts reported difficulties filling teaching positions during the 2024–2025 school year. Educators make up one of the largest groups among H-1B holders.
Hospitals also rely on H-1B visas to address shortages of physicians and nurses; about one quarter of Californians live in areas with primary care shortages. National projections estimate a shortfall of 86,000 physicians by 2036.
Attorney General Bonta leads California’s chief law enforcement agency—the Office of the Attorney General—which oversees legal representation for state agencies as well as initiatives involving civil rights protection and consumer safety (official website). The office operates statewide within California’s executive branch (official website) and advances transparency through data portals such as OpenJustice (official website).
In joining this legal effort against the visa fee policy, Attorney General Bonta is accompanied by attorneys general from more than twenty states including 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,Wisconsin,the District of Columbia,and Washington.
