TRENTON, N.J. — New Jersey Attorney General Matthew J. Platkin on Friday announced that the state has joined 18 others in suing the Trump administration over a new federal policy imposing a $100,000 fee on initial H-1B visa petitions, a move officials say would significantly disrupt hospitals, schools, and employers that rely on foreign skilled workers.
Platkin said the fee—announced by presidential proclamation on Sept. 19, 2025, and implemented by the U.S. Department of Homeland Security—would burden New Jersey’s health care and education systems and worsen existing labor shortages.
“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,” Platkin said. “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.”
The lawsuit argues that the fee violates federal law because it exceeds what Congress permits, bypasses legally required rulemaking procedures, and goes beyond the executive branch’s authority under the Administrative Procedure Act. The complaint contends that the new fee is inconsistent with Congress’s intent for the H-1B program, which is used to fill specialized positions in fields such as medicine, research, and teaching.
Under long-standing federal regulations, employers typically pay between $960 and $7,595 in statutory and regulatory fees to file an initial H-1B petition. The new fee is more than ten times the previous maximum cost and far above the agency’s actual processing expenses, according to the lawsuit.
H-1B workers fill critical shortages nationwide, and New Jersey is among the most affected states. In fiscal year 2025, New Jersey recorded 7,729 approvals for initial H-1B employment—fourth-highest in the nation. The visas are widely used by K-12 school districts facing teacher shortages, including 20 districts that secured approvals this year. They are also heavily relied upon in the state’s health care sector, where nearly one-third of the workforce is foreign-born and nine residency programs sponsor H-1B doctors.
The coalition lawsuit is led by California and Massachusetts. New Jersey joins Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, North Carolina, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
The policy applies to H-1B petitions filed after Sept. 21, 2025.
