TRENTON, N.J. — New Jersey Attorney General Matthew J. Platkin is leading a multistate amicus brief opposing a Trump administration policy that would impose a $100,000 fee on new H-1B visa petitions, a move states argue would harm health care, education and other sectors facing workforce shortages.
The brief, filed in federal court, challenges the legality of the fee and supports a lawsuit brought by Global Nurse Force in the U.S. District Court for the Northern District of California. The states contend the policy violates federal law and would undermine the purpose of the H-1B visa program, which allows U.S. employers to hire highly skilled foreign workers in specialized fields.
“The Trump Administration’s illegal decision to impose an exorbitant fee on those seeking H-1B visas would gravely harm our state,” Platkin said. “This misguided policy will worsen our existing shortages of teachers, doctors, nurses, and other vital public service employees who work every day to ensure the safety, well-being, and education of our residents. And it would undermine cutting-edge medical and scientific research at our universities.”
H-1B visas are commonly used by hospitals, public schools and universities to fill positions that are difficult to staff domestically, particularly in rural and underserved communities. Supporters of the program say it helps address shortages in fields such as health care, education and scientific research.
The $100,000 fee was ordered through a presidential proclamation issued in September and applies to new H-1B visa petitions filed after Sept. 21, 2025. According to the states, the policy was implemented by the U.S. Department of Homeland Security without following required notice-and-comment rulemaking procedures.
The amicus brief argues that the fee would make it significantly more difficult for employers to recruit qualified workers, potentially affecting patient care, classroom instruction and research activities. In New Jersey, H-1B workers play a notable role in addressing staffing needs. The state ranked fourth nationally in approvals for initial H-1B employment petitions in fiscal year 2025, with 7,729 approvals.
State officials say H-1B visa holders have helped fill gaps in K-12 education and health care. Twenty New Jersey school districts secured H-1B approvals in 2025, and the state has nine medical residency programs that sponsor H-1B visas. Nearly one-third of New Jersey’s health care workforce consists of immigrants, many of whom rely on the visa program.
The states also argue that failing to seek public input before imposing the fee prevented states from raising concerns about its potential economic and workforce impacts.
Joining New Jersey in the amicus brief are the attorneys general of California, Massachusetts, Arizona, Colorado, Connecticut, Delaware, Hawai‘i, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the District of Columbia.
