AG Platkin Sues to Block Trump Administration’s Unlawful $100,000 H-1B Visa Fee, Warning of Harm to NJ Hospitals and Schools

The lawsuit challenges a September 19, 2025 presidential proclamation ordering the exorbitant fee for new H-1B visa applications, which took effect for petitions filed after September 21, 2025. The H-1B visa program allows U.S. employers to hire highly skilled foreign professionals in specialized fields such as medicine, nursing, education, research, and science — sectors already facing acute labor shortages nationwide.

Also Read, Tweet & Share: Why Congressman Jim Himes Says the H-1B Fee Hike Is Bad for America, sides with GOPIO

Attorney General Platkin said the policy would have devastating real-world consequences for New Jersey residents.

“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.

“Our residents would face longer emergency room wait times, delays in medical appointments, and more crowded classrooms. There is no legal or rational basis for this policy, and we look forward to blocking it in court.”

Also Read, Tweet & Share: Beyond the Lottery: What the New H-1B Proposal Means for Global Talent”

Legal Challenge Cites Violations of Federal Law

According to the complaint, the $100,000 fee violates federal law on multiple grounds. The states argue that the fee far exceeds what Congress authorized, contradicts congressional intent behind the H-1B program, bypasses mandatory rulemaking requirements, and unlawfully expands executive authority in violation of the Administrative Procedure Act (APA).

Historically, H-1B petition fees have been set through a formal notice-and-comment process and limited to covering agency costs. Employers typically pay between $960 and $7,595 per petition — a stark contrast to the newly imposed $100,000 charge.

Also Read, Tweet & Share: Governor-elect Mikie Sherrill Appoints Kellie Doucette as New Jersey’s First Chief Operating Officer

The lawsuit asserts that the Trump Administration failed to justify the fee, ignored its broader economic and public-service impact, and unlawfully skipped required procedural safeguards.

High Stakes for New Jersey’s Workforce

The H-1B visa program has long been critical to New Jersey’s workforce. In fiscal year 2025, the state ranked fourth nationally in approvals for initial H-1B employment, with 7,729 approvals.

New Jersey schools and hospitals rely heavily on H-1B professionals:

• The state has faced a prolonged K-12 teacher shortage, forcing larger class sizes and increased strain on educators.

• In 2025 alone, 20 New Jersey school districts secured H-1B approvals to fill teaching positions.

• Nearly one-third of New Jersey’s health care workforce is made up of immigrants, including many H-1B visa holders.

• The state’s nine medical residency programs regularly sponsor H-1B physicians to address shortages in primary care and nursing.

Also Read, Tweet & Share: Major Donor to Jack Ciattarelli Sued Over Rent-Hike Algorithm Amid Housing Crisis in New Jersey

State officials warn that the new fee would deter hospitals, schools, nonprofits, and research institutions from hiring essential professionals, worsening staffing crises and undermining public services.

Broad Multistate Coalition

The lawsuit is led by California and Massachusetts. In addition to New Jersey, the states joining include Arizona, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Michigan, Minnesota, North Carolina, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

Editorial Note from The India Observer

This legal challenge highlights the vital role immigrants play in sustaining America’s health care, education, and innovation ecosystems. Policies that undermine lawful pathways for skilled professionals risk harming communities, patients, and students — not politics.

Also Read, Tweet & Share: Statement by Governor-elect Mikie Sherrill on Reaffirms Commitment to Accountability and Transparency

Reader Call to Action

Read the full story and ongoing coverage on immigration, policy, and New Jersey governance at The India Observer website.